Use in Commerce

Definition

Use in commerce refers to the requirement that a trademark must be used in the sale or advertising of goods or services in order to be eligible for federal trademark registration and protection in the United States. This term is central to understanding the core concepts of trademarks, U.S. trademark law, and establishing trademark protection.

5 Must Know Facts For Your Next Test

1. Use in commerce is a fundamental requirement for obtaining a federal trademark registration in the United States.
2. To establish use in commerce, the trademark must be used in the sale or advertising of goods or services in interstate or foreign commerce.
3. The use in commerce requirement helps ensure that a trademark is being used to identify the source of goods or services, rather than just being reserved for potential future use.
4. Proper use in commerce is crucial for maintaining the validity and enforceability of a registered trademark.
5. Failure to use a trademark in commerce can lead to the trademark being considered abandoned and losing its protected status.

Review Questions

• Explain how the use in commerce requirement is connected to the core concepts of trademarks.
  • The use in commerce requirement is directly tied to the core purpose of a trademark, which is to identify the source of goods or services and distinguish them from those of others. By requiring the trademark to be used in the sale or advertising of products or services, the law ensures that the trademark is serving its intended function of identifying the commercial origin of the offerings, rather than just being reserved for potential future use. This use in commerce element is fundamental to the legal definition and protection of trademarks.
• Describe how the use in commerce requirement is incorporated into U.S. trademark law.
  • Under U.S. trademark law, the use in commerce requirement is a critical component for obtaining a federal trademark registration. The Lanham Act, which governs federal trademark law, stipulates that a trademark must be used in the sale or distribution of goods or services in interstate or foreign commerce in order to be eligible for registration with the United States Patent and Trademark Office (USPTO). This ensures that the trademark is being actively used to identify the commercial source of products or services, rather than just being reserved for potential future use.
• Evaluate the importance of establishing proper use in commerce when seeking to obtain trademark protection.
  • Establishing genuine use in commerce is essential for securing and maintaining federal trademark protection in the United States. Without evidence of use in the sale or advertising of goods or services, a trademark application will be denied registration. Even for registered trademarks, failure to continue using the mark in commerce can lead to it being considered abandoned, causing the owner to lose their exclusive rights. Therefore, demonstrating consistent and appropriate use in commerce is a critical step in the process of obtaining and preserving valuable trademark rights under U.S. law.

Related terms

Trademark:

A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services of one party from those of others.

Trademark Registration:

The process of officially registering a trademark with the United States Patent and Trademark Office (USPTO) to obtain federal trademark rights and protection.

Trademark Infringement:

The unauthorized use of a trademark in a way that is likely to cause consumer confusion about the source or sponsorship of goods or services.