To apply for a trademark or service mark registration based on use of a mark, the mark must be “used in commerce.”
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.
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Judith L. GrubnerThis premium content is locked for The Intellectual Property Strategist subscribers only
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