“Use in commerce” refers to the use of a trademark in connection with the sale of goods or the rendering of services. In order to obtain a trademark registration, the applicant must demonstrate that the trademark is being used in commerce.
The specific requirements for use in commerce will depend on the nature of the goods or services specified in the trademark application and the way in which the trademark is being used. In general, use in commerce requires that the trademark be used in the ordinary course of business and that it be used to identify and distinguish the applicant’s goods or services from those of others.
There are a few different ways that a trademark may be used in commerce:
- On goods: If the trademark is being used on goods, it must be physically affixed to the goods or their packaging, and the goods must be sold or transported in commerce.
- In advertising: If the trademark is being used in advertising, it must be used to advertise the sale of goods or services in commerce.
- On a website: If the trademark is being used on a website, it must be used to sell goods or services online.
It is important to ensure that the trademark is being used in a manner that meets the requirements for use in commerce in order to obtain a trademark registration. It is a good idea to consult with a trademark attorney or other professional to determine the specific requirements for use in commerce and to ensure that your trademark meets those requirements.