What is trademarking?

What is USE IN COMMERCE for the purposes of U.S. trademark registration?  February 8, 2013 – 12:06 pm
What is trademarking?

What is USE IN COMMERCE for the purposes of U.S. trademark registration?

In order to have your trademark registered in the U.S.A., you have to be using your trademark in U.S. commerce, and be able to prove the same.

A common question asked by clients is exactly what constitutes “use in commerce”?  

Use in commerce means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark.  A mark is considered to be in use in commerce: 

1. On goods when it is placed in any manner on the goods or their containers or the displays associated with the goods or on the tags or labels attached to the goods, or – if that is not practical – then on documents associated with the goods or their sale, and the goods are sold or transported in commerce;

 2. On series when it is used or displayed in the sale or advertising of services and the services are offered in commerce. 

The next term that needs to be looked at is “use in the ordinary course of trade”.  The Act specifically wants to eliminate trademark registration merely to reserve a right in a mark.  But, it has also been determined that “use in commerce” cannot be defined in black and white and will vary from one industry to another.  

Source: Trademarkroom

CreateSpace Independent Publishing Platform How To Register A Trademark: What Is A Trademark And Getting One For Your Business
Book (CreateSpace Independent Publishing Platform)

You might also like:

What Is The Difference Between Styrofoam and Expanded Polystyrene EPS Foam?
What Is The Difference Between Styrofoam and Expanded Polystyrene EPS Foam?
NewsX Exclusive: Shahrukh Khan applies to trademark SRK
NewsX Exclusive: Shahrukh Khan applies to trademark SRK
Trademark Infringement - what is it and how to deal with it
Trademark Infringement - what is it and how to deal with it

Quotations from the Freedom Crowd

'I never intend to adjust myself to the madness of militarism.'
- Martin Luther King Jr.
'However sugarcoated and ambiguous, every form of authoritarianism must start with a belief in some group's greater right to power, whether that right is justified by sex, race, class, religion, or all four. However far it may expand, the progression inevitably rests on unequal power and airtight...iners, the weavers, the chemists, the carvers, the dyers, the designers, the machinists, where were the hands, the people who made? Out of sight, somewhere else. Behind walls. All the people in all the shops were either buyers or sellers. They had no relation to the things but that of possessions. How was he to know what a goods’ production entailed? How could they expect him to decide if he wan

Interview with Chomsky from India

Chomsky In First Person
In this exclusive interview, Noam Chomsky speaks to V.K. Ramachandran about the 'new war against terrorism', imperialism, the media and the role of intellectuals.
November 15, 2001: there is a break in the North East monsoon, and it is a clear, cool day in Thekkady. Noam Chomsky is on the second day of his first holiday in many years, a five-day break from pu...tle illegitimate authority and expand the domains of freedom and justice? The task, then, is not to 'speak truth' to the king, or even to the king's subjects, but to learn from them, to contribute what we can, and to participate with them in common struggle for values we discover and uphold. It seems to me that those are the directions in which responsibilities of intellectuals should be sought.

The Reagan Doctrine: Third World Rollback

The Reagan Doctrine:
Third World Rollback
from the book
ROLLBACK
Right-wing Power in U.S. Foreign Policy
by Thomas Bodenheimer and Robert Gould
South End Press, 1989
Nowhere is rollback more evident than in U.S. policy toward the Third World. Third World rollback has come to be named the Reagan Doctrine. However, it is inaccurate to attribute this Doctr...ts became standardized for the Third World. In the case of nations to be rolled back (e.g., Nicaragua), governments were called terrorist and the insurgents were labeled democratic.
In the case of countries to be supported against 'communist' insurgencies (e.g., El Salvador and the Philippines), the governments were called democratic and the insurgents were labeled terrorists.
*****

The Reagan Regime in all its ugly, damned ugly splendor

The Reagan Doctrine:
Third World Rollback
from the book
ROLLBACK
Right-wing Power in U.S. Foreign Policy
by Thomas Bodenheimer and Robert Gould
South End Press, 1989
Nowhere is rollback more evident than in U.S. policy toward the Third World. Third World rollback has come to be named the Reagan Doctrine.
However, it is inaccurate to attribute thi...interests became standardized for the Third World. In the case of nations to be rolled back (e.g., Nicaragua), governments were called terrorist and the insurgents were labeled democratic. In the case of countries to be supported against 'communist' insurgencies (e.g., El Salvador and the Philippines), the governments were called democratic and the insurgents were labeled terrorists.
*****

Chipworks Brings Patent Licensing Experts to IP Business Congress  — Manufacturing Digital
Chipworks invites delegates to stop by their exhibit booth (#12) at IPBC to discuss ways in which the Company's patent evaluation and infringement analysis services can help strengthen semiconductor, systems, and software patent licensing positions.

Memjet Appoints Chief Patent Counsel  — MarketWatch
"Ben's deep experience in global patent evaluation, filing and maintenance will serve us well as we accelerate our growth and support our OEM customers in the commercialization of Memjet technologies." Memjet assumed control of its intellectual …

Voltron Splash
Voltron Splash
What is a Trademark?
What is a Trademark?
How to Register a Trademark (Canada): What is a Trademark?
How to Register a Trademark (Canada): What is a Trademark?

Related posts:

  1. What is Patent tying?
  2. What is trade market Grid?
  3. What is Trade Marketing Plan?
  4. What is Trade Mark Law?