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Use in Commerce Trademark Application

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You’ve got a great brand or business idea. To protect its name or logo from being used by someone else, you’ll want a trademark. If you are actively using a trademark in the sale of goods or services across state lines, you can qualify for a Use in Commerce Trademark Application. This means you’re not just planning to use the trademark in the future – you’re using it now.

Requirements for a Use in Commerce Trademark Application:

  • Date of First Use: Specify when you first used the trademark anywhere.
  • Date of First Use in Commerce: State when you first used the trademark in interstate commerce.
  • Specimen: Submit clear evidence of the trademark’s use, such as:
    • Product labels or tags
    • Screenshots of a website selling the product
    • Brochures or advertisements
    • Photos of physical stores or stalls

Advantages of a Use in Commerce Trademark Application:

  • Immediate Protection: Upon approval, your trademark gets protection right away, since you’ve proven its use.
  • Defensibility: Easier to defend against potential infringers because there’s evidence of use.
  • Peace of Mind: No stress about proving future use or Statement of Use fees, as required in Intent-to-Use applications.

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