Legal Definitions - use in commerce

"Use in commerce" refers to the genuine and active application of a trademark in connection with the sale or offering of goods or services. It signifies that a brand name, logo, or slogan is not merely being considered or reserved for future use, but is actually being employed in the marketplace in a way that consumers associate it with specific products or services.

For a trademark to be considered "in use in commerce," it must be displayed on the goods themselves, their packaging, or related sales materials. If it's a service, the mark must appear in advertisements, brochures, or other materials promoting those services. For federal trademark registration in the United States, this use typically needs to extend across state lines, demonstrating a broader market presence. This active use is a fundamental requirement for establishing and registering trademark rights.

Examples of "Use in Commerce":

• Example 1: A Craft Brewery Selling Beer

  "Riverbend Brewing Co." is a new craft brewery that produces a variety of beers. They print their distinctive "Riverbend Brewing Co." logo and name on every can and bottle of beer they sell. These marked products are then distributed to liquor stores and restaurants in their home state and two neighboring states.

  How this illustrates "use in commerce": The brewery's logo and name are directly affixed to the products (the beer cans and bottles) and are visible to consumers at the point of purchase. The act of selling these marked goods to customers across multiple states demonstrates genuine "use in commerce" because the mark is actively associated with the goods in the marketplace.

• Example 2: An Online Tutoring Service

  "Bright Minds Tutoring" is an online platform offering virtual tutoring services for students. They prominently feature their "Bright Minds Tutoring" name and unique lightbulb logo on their website, in their social media advertisements, on their enrollment forms, and on the digital invoices they send to clients. Their tutors and students are located across the country.

  How this illustrates "use in commerce": The service's name and logo are used in materials that promote and facilitate the delivery of their tutoring services. The advertising and client engagement, which spans multiple states, clearly show that the mark is actively associated with the rendered services in the marketplace, fulfilling the "use in commerce" requirement.

• Example 3: A Software Application for Project Management

  A tech company develops a new project management software called "TaskFlow." The "TaskFlow" name and its unique gear-shaped icon appear as the application's icon, within the software interface itself, on the company's subscription page, and in all their online marketing campaigns targeting businesses nationwide.

  How this illustrates "use in commerce": The "TaskFlow" mark is consistently displayed in connection with the offering and distribution of the digital software and its associated services. Its presence on app stores, within the application, and through widespread marketing clearly links the mark to the product and services being offered to consumers across different states, demonstrating "use in commerce."