What is the Date of First Use in Commerce?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

The Date of First Use in Commerce is the date on which the mark was first used in connection with the goods or services in US interstate or international commerce specifically. It refers to the first transaction in which the goods were sold or transported, or the services were rendered, in US commerce under the mark.

This date is separate from the Date of First Use Anywhere, which captures the earliest use of the mark globally. Both are required in a use-in-commerce basis application and must be accurate; providing an incorrect date in a USPTO filing can be grounds for cancellation of the registration.

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