Using a Service Mark In Commerce

The Federal Circuit has now ruled that advertising a service that the applicant intends to provide in the future, but is not actually providing on the date of the application, is not "use in commerce." Thus, advertising submitted to the USPTO with a use-based application as a specimen of use of the mark in commerce, must relate to existing services already being provided to customers.

6 minute read June 01, 2015 at 12:18 PM
By
Judith L. Grubner
Using a Service Mark In Commerce

To apply for a trademark or service mark registration based on use of a mark, the mark must be “used in commerce.”

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