What Does It Mean for Trademarks to be “Used” in Interstate Commerce?

“Used in interstate commerce” refers to the use of a trademark in connection with goods or services that are sold or transported across state lines. To be considered “used in interstate commerce,” the trademark must be used in a manner that demonstrates the trademark owner’s intent to use the trademark in connection with the sale or transportation of goods or services in commerce that is capable of flowing across state lines.

For example, if a company produces and sells a product in one state, and then ships that product to customers in another state, the trademark used on the product is considered to be “used in interstate commerce.” In another example, if a company operates a website that offers goods or services for sale to customers in multiple states, the trademark used on the website is considered to be “used in interstate commerce.”

It is important to note that “used in interstate commerce” is a requirement for federal trademark registration on the Principal Register with the USPTO. Trademarks that are not “used in interstate commerce” are not eligible for federal registration and cannot be protected under federal trademark law.

Overall, the requirement of “used in interstate commerce” demonstrates the connection between a trademark and the goods or services that are sold or transported in commerce across state lines, and it is an important factor in determining the eligibility of a trademark for federal registration.

Do I Need To Use My Trademark In Interstate Commerce Before Applying For a Trademark With the USPTO?

Yes, before applying for a trademark with the USPTO, you must use the trademark in interstate commerce, or have a bona fide intention to use the trademark in interstate commerce in the near future. The USPTO requires that a trademark be used in commerce, or that the applicant have a bona fide intention to use the trademark in commerce, as a requirement for federal trademark registration on the Principal Register.

Using the trademark in commerce means that the trademark must be used in connection with the sale or transportation of goods or services in commerce that is capable of flowing across state lines. If the trademark is not yet in use, the applicant must have a bona fide intention to use the trademark in commerce and provide a verified statement to that effect with the trademark application.

Overall, the requirement of use in commerce is an important factor in determining the eligibility of a trademark for federal registration on the Principal Register with the USPTO. Before applying for a trademark, it is important to make sure that the trademark is being used, or that there is a bona fide intention to use the trademark in commerce, to ensure that the trademark is eligible for federal registration.

What Does Having A Bona Fide Intention To Use The Trademark In Commerce Mean?

Having a “bona fide intention to use the trademark in commerce” means that the applicant for a federal trademark registration with the USPTO has a good faith, genuine, and credible intention to use the trademark in connection with the sale or transportation of goods or services in commerce that is capable of flowing across state lines. This intention must be real, and not just a hypothetical or speculative plan to use the trademark in the future.

If an applicant has a bona fide intention to use the trademark in commerce, but has not yet used the trademark in commerce, they may still file a trademark application with the USPTO based on that intention. This USPTO trademark application is called an “Intent to Use Trademark Application.” The applicant must provide a verified statement with the trademark application, indicating the bona fide intention to use the trademark in commerce.

It is important to note that if an applicant does not have a bona fide intention to use the trademark in commerce, or if the trademark is not being used in commerce, the trademark may not be eligible for federal registration on the Principal Register with the USPTO.

Overall, having a bona fide intention to use the trademark in commerce is an important factor in determining the eligibility of a trademark for federal registration on the Principal Register with the USPTO. The requirement of a bona fide intention to use the trademark in commerce ensures that only trademarks that are actually being used, or that have a genuine intention to be used in commerce, are eligible for federal registration.

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