Back to Specifics of US trademarks

When is a trademark considered to be "used in commerce"?

Founder & Trademark Attorney

A trademark is considered used in commerce when it is genuinely used in connection with the goods or services in US interstate or international commerce.

For goods: the mark must be placed on the goods themselves, their packaging, labels, or displays associated with the goods, and the goods must be sold or transported in commerce.

For services: the mark must be used in the sale, advertising, or promotion of the services, and the services must be rendered in commerce.

In both cases, the use must be genuine and ongoing. Isolated token transactions created solely to establish trademark rights, with no real commercial purpose, do not meet the standard.

Related questions

Can you change your trademark over time?

Brands tend to evolve and undergo numerous changes over time. Many companies have changed their names to cater to a larger audience, either by altering their original logos for a more modern look or abandoning controversial words in their slogans. As the company expands beyond its planned offerings of goods and services or decides to take a different direction altogether, usually what follows are certain changes or even complete rebranding. A common question is then: can trademarks change over time? Well, it depends.

Stories of our clients: WeCodePixels

WeCodePixels has been helping entrepreneurs with web and mobile development projects since 2014. Respecting the uniqueness of each and every client, the customer-centric focus of this IT development company is reflected in the satisfaction of its numerous clients, including Global O-Ring and Seal, Orange Amps, Men’s Health, FHM, among others. No matter how small or large the project is, WeCodePixels provides tailored solutions to aid web and mobile development from the initial idea to launch.

When should I register my trademark?

Timing is everything, and this is especially true when it comes to trademark registration. Choosing to trademark your brand at the right time is much more important than you would think.