What is Use in Commerce?

One of the questions I hear most as a trademark attorney is “What is use in commerce?”  The concept of “use in commerce” is vitally important in US trademark law, especially with regard to federal trademark registration.  Needless to say, the “use in commerce” definition is something all trademark applicants should be aware of. How is “Use in Commerce” Related to Trademark Registration? As you may know, there are essentially two ways in which to register a trademark.  The first is to file your trademark application on an “in-use” basis.  This means that your trademark is already being used in commerce in connection with the advertising and sale of the products and/or services recited in your trademark application. If your trademark is not yet in use in commerce, then you have the option of filing your trademark application on an “intent-to-use” basis.  This allows you to reserve the…

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