“First use in commerce” refers to the first time that a trademark is used in connection with the sale of goods or the rendering of services. The date of first use in commerce can be important for a number of reasons, including establishing priority of use and determining the scope of protection for the trademark.
In order to obtain a trademark registration, the applicant must demonstrate that the trademark is being used in commerce. This generally requires that the applicant provide evidence of the date of first use in commerce, as well as a specimen showing how the trademark is being used in commerce.
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.