When is a trademark considered to be "used in commerce"?

Photo of Igor Demcak

Written by Igor Demcak

CEO & Legal Mind

The trademark could be regarded as "being used in commerce" as long as it is genuinely being used with particular goods and/or services defined in the trademark application.

A trademark is considered to be used in commerce with goods when:

  • the trademark is placed on the goods, packaging for the goods, or displays associated with the goods (including web page displays),
  • the goods are actually being sold or transported in commerce in the US.

Similarly, a mark is considered to be used in commerce for services when:

  • it is used or displayed in the sale or advertising of services, and the services are rendered in commerce,
  • the person rendering the services is engaged in commerce in connection with the services.

Both conditions have to be met simultaneously in either case. Furthermore, a suitable form of a specimen demonstrating the use in commerce needs to be supplied for all classes defined on the trademark application.

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