For the purpose of obtaining federal registration, "
commerce" means all commerce that the U.S. Congress
may lawfully regulate; for example, interstate commerce or commerce between the U.S. and another country.
"
Use in commerce" must be a bona fide use of the mark in the ordinary course of trade, and not use
simply made to reserve rights in the mark. Generally, acceptable use is as follows:
For
goods: the mark must appear on the goods, the container for the goods, or displays associated with the goods,
and the goods must be sold or transported in commerce.
For
services: the mark must be used or displayed in the sale or advertising of the services,
and the services must be rendered in commerce. If you have already started using the mark in commerce,
you may file based on that use.
A "
use" based application must include a
sworn statement
(usually in the form of a
declaration) that the mark is in use in commerce, listing the
date of first use of the mark
anywhere and the
date of first use of the mark
in commerce. A properly worded declaration is included in the USPTO
standard application form. The applicant or a person authorized to sign on behalf of the applicant must sign the statement. The application should include a
specimen showing use of the mark in commerce.
Context: Trademark
