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Simple English definitions for legal terms
use in commerce
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A quick definition of use in commerce:
Use in Commerce: When a company uses their trademark in the sale of goods or services, it is called "use in commerce." This is important because it is required before a trademark can be registered. It means that the trademark is associated with the products or services being sold, and not just being saved for future use. For goods, the trademark must be displayed on or with the product, or on related documents. For services, the trademark must appear in advertising or on related documents. The products or services must also be sold or provided in more than one state. This is necessary for federal trademark registration.
A more thorough explanation:
Definition: Use in commerce refers to the actual use of a trademark in the sale of goods or services. This type of use is necessary for trademark registration and associates the trademark with marketed goods or services, as opposed to a token use that reserves the right to use the mark in the future.
For goods, a trademark is considered used in commerce if it is displayed on or with goods offered for sale, or placed on documents related to the goods. For example, if a company sells t-shirts with their logo on them, the logo is being used in commerce.
For services, a trademark is considered used in commerce if it appears in advertising or on documents related to the services. For example, if a company offers a cleaning service and advertises with their logo, the logo is being used in commerce.
It's important to note that the goods or services must be used or rendered in more than one state. Use of a trademark in interstate commerce is a requirement for federal trademark registration.