If you are considering applying for a trademark or service mark, it is important to understand the requirements for use in commerce. According to the Trademark Act (15 U.S.C. §1051(a)), in order for a mark to be eligible for registration, it must be in use in commerce on or in connection with all the goods and services listed in the application as of the application filing date. This requirement is outlined in 37 C.F.R. §§2.2(k)(1) and 2.34(a)(1)(i).
In order to satisfy this requirement, the application must include a statement that the mark is in use in commerce, verified in an affidavit or declaration under 37 C.F.R. §2.20. This verified statement must be filed with the original application, or the application must allege that the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date (37 C.F.R. §2.34(a)(1)(i)).
It is important to note that the requirements for verification can vary depending on the circumstances of the application. For more information on these requirements, see TMEP §§804-804.05.
Overall, the use in commerce requirement is a critical aspect of the trademark or service mark application process. It is essential to ensure that your mark meets these requirements in order to move forward with your application. Contact a trademark attorney at Tucker Law to discuss the use of your trademark in commerce.
