Washington, D.C. Trademark Attorneys Serving Clients in 50 States and 30+ Countries | +1 800.281.6275 | Call for a Free Consultation

Proof of Commercial Use Cases

Home/Proof of Commercial Use Cases

Federal Circuit: Trademark Use Requires Actual Provision of Services, Not Just Advertising

Trademark rights in the United States are based on use of the trademark in commerce. For applications based on use (as opposed to “intent-to-use” applications), the USPTO requires that each applicant provide proof that it is using the mark for the applied-for goods and/or services. This proof must be provided in the form of a [...]

TTAB Reverses Examiner’s Refusal, Finding That Unorthodox Proof of Commercial Use Was Valid

When a trademark applicant seeks to submit a statement of use to the USPTO, it must provide a specimen that shows the mark being 'used in commerce'. This specimen must be a substantially exact representation of the mark as used on or in connection with the goods and/or services. In In Re Kristin A. Harris, [...]