FAQ - Am I Using My Trademark in Interstate Commerce?

Trademark FAQtrademark
Written By Tamera H. Bennett
 

FAQ - Am I Using My Trademark In Interstate Commerce?

What is Interstate Commerce:

  • Goods: In the most simplistic form, to qualify for use in “interstate commerce” you need to be selling your products - with the trademark attached - across state lines.

  • Services: Offering/providing your services - under the the trademark - to people outside of a single state.

What constitutes Use for Goods/Physical Products/Downloads:

  • Product/Product Packaging: Photos of the trademark attached to your product or product packing. This includes labels and hang tags on clothing items.

  • Point of Sale Displays: A photo of a counter display showing your trademark in close proximity to your product.

  • Website: Provide a screenshot where you offer your goods/products for sale and the trademark is in use. A consumer needs to be able to purchase the good/product on the website. The trademark needs to be in close proximity to the goods and the “buy now/shopping cart” button.

  • Software/Music/Videos: If you have downloadable software/music/videos, provide a software launch screen or a screenshot where the software/music/videos can be purchased and downloaded. If you offer physical software/music/videos, provide a picture of the mark attached to the software/music/video.

What constitutes Use for Services:

  • Website: A screenshot of your website where the services are advertised.

  • Signage: Photos of signage attached to your physical location where you offer your services.

  • Printed or online material showing your mark and your services: A menu for restaurant services. Tour dates for a musical group. A screenshot of a launch screen for an ongoing TV show. Business cards and letterhead that show your mark and your services.

  • Software as a Service:  A screenshot of the dashboard or login screen showing the mark and the services. Informational materials showing the trademark and describing the software as a service.

This is a summary of possible acceptable specimens of use and doesn’t cover ever type of good or service. If you have questions, feel free to contact us or visit the USPTO website.

 
Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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