Use in Commerce: A Comprehensive Guide to Its Legal Meaning
Definition & meaning
The term "use in commerce" refers to the genuine use of a trademark in the normal course of business, rather than simply to reserve rights to the mark. In legal terms, a trademark is considered to be in use in commerce when:
It is displayed on goods, their packaging, or associated promotional materials.
The goods are sold or transported across state lines or internationally.
For services, the mark is used in advertising or sale, and the services are provided in commerce, which may include activities across state lines or with foreign countries.
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This term is commonly used in trademark law, which governs the protection of brand names and logos. Understanding "use in commerce" is crucial for businesses seeking trademark registration and protection. It helps determine whether a trademark is eligible for registration with the United States Patent and Trademark Office (USPTO).
Users can manage trademark applications and related forms through resources like US Legal Forms, which provide templates that can simplify the process.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
Example 1: A clothing brand places its logo on shirts and sells them online and in retail stores across multiple states. This constitutes use in commerce.
Example 2: A software company advertises its services on its website and provides support to clients in different states. This also qualifies as use in commerce.
Relevant Laws & Statutes
The primary statute governing this term is the Lanham Act (15 U.S.C. § 1051 et seq.), which outlines the federal trademark registration process and defines "use in commerce." This act is essential for understanding trademark rights and protections in the United States.
Comparison with Related Terms
Term
Definition
Difference
Trademark Registration
The formal process of registering a trademark with the USPTO.
Use in commerce is a requirement for registration but does not encompass the entire registration process.
Trademark Infringement
The unauthorized use of a trademark that causes confusion.
Use in commerce is about legitimate use, while infringement involves misuse or unauthorized use.
Common Misunderstandings
What to Do If This Term Applies to You
If you are using a trademark in your business, ensure that you can demonstrate its use in commerce. This may involve documenting sales, advertising, and any other relevant activities. If you need assistance, consider using US Legal Forms for templates that can help you navigate trademark registration and protection. If your situation is complex, consulting with a legal professional is advisable.
Quick Facts
Typical fees for trademark registration can vary, often ranging from $225 to $400 per class of goods/services.
Jurisdiction: Federal (USPTO) and state trademark offices.
Possible penalties for trademark infringement can include damages and injunctions against further use.
Key Takeaways
FAQs
It refers to the genuine use of a trademark in business activities, necessary for trademark protection.
No, you must demonstrate use in commerce to register a trademark.
Keep records of sales, advertising materials, and any other documentation showing the mark's use.
