What If I Only Use My Trademark In Chicago?
If the use of your trademark is merely intrastate (i.e., within the State of Illinois or within the city of Chicago), you can apply for state registration with the Illinois Secretary of State’s Trademark Division. A state trademark registration offers added protection to the common law rights associated with the trademark. The state trademark registration is also usually faster and less expensive than the USPTO federal registration; but, you get what you pay for, and federal registration should always be sought when authorized.
What “Use” Requirements Must Be Met To Register A Trademark With the USPTO?
The Trademark Manual of Examining Procedure (TMEP) outlines the definition of “interstate commerce” in the context of trademark law. According to the TMEP, interstate commerce refers to commerce between two or more states within the United States or between the United States and a foreign country. This encompasses not only the sale and transportation of goods but also the rendering of services.
For a trademark to qualify for registration, its use must be in interstate commerce, which signifies that the trademark is involved in commercial transactions or activities that cross state lines or international borders. This can include instances such as selling products online to customers in other states, offering services to clients from different states, or transporting goods across state lines.
The “interstate commerce” criteria encompass several aspects:
Meeting these “interstate commerce” legal requirements is essential for a successful trademark registration with the USPTO.