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Alright, folks, let's get straight to it: you’ve got a snazzy new trademark, but how much use in commerce do you need to make it legit? Spoiler alert: it’s more than just slapping it on a coffee mug you give to your mom.
First off, according to the USPTO, to establish use in commerce, your trademark must be used in a bona fide way, not just as a "let's stick it on a fridge magnet" scenario. This means your mark needs to be used on goods or services that are actually being sold or transported in interstate commerce. In other words, you can't just sell it out of your garage to your neighbor Bob and call it a day.
The USPTO and WIPO are on the same page here. They want to see that your mark is actively being used in a way that customers recognize it as a brand identifier. So, if you’ve got a clothing line, those snazzy t-shirts need to be available for sale online or in stores across state lines. It’s not enough to just print a few for your family reunion.
Here’s a pro tip: keep records of your sales, advertisements, and any shipping receipts. These are your proof that your mark isn’t just taking a nap on a shelf somewhere.
And don’t forget, occasional use won't cut it. The use must be consistent and in the ordinary course of trade. Imagine if Nike only made one pair of shoes a year – they wouldn’t exactly be the swoosh empire we know today.
So, if you’re serious about your trademark, make sure it’s out there in the wild, doing its thing. Get it on your products, in your ads, and into the hands of customers across state lines. Because at the end of the day, a trademark that’s not being used is just a fancy doodle.
Now, go forth and trademark responsibly!
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