April 4th, 2024

Trademark Use In Commerce Date? What is it?

Hello Reader,

Trademark Use In Commerce Date?

We discuss what Trademark Use In Commerce Date is and what it isn't.

Transcript:
Trademark in use in commerce date. What does that mean? Hi, JJ, trademark attorney, and we registered almost 7,000 trademark registrations. Today, we're talking about trademark in use in commerce date. What does that mean? Now, some people may think that filing a corporation or LLC or filing a domain registration constitutes as in use date, but it does not.

None of those actually constitute in use date. It's when you're actually offering the services or goods for public consumption, that is actually the first use and date. For example, if you have a hotel brand, and you build a building, get it all the electricals done and getting all the piping is done. All that time that you actually spend building up the building for the hotel, it does not constitute in use in commerce until you actually open the door and allow the first customers to actually book a room. That is in use in commerce date. That would be the first in use in commerce date is when the first person can actually sleep in the hotel.

Until next time, keep your brand safe and protected. Have a great day.

TRADEMARK NEWS

Study by USPTO and US Copyright Office finds current laws are “adequate” to deal with NFTs.

Changes to IP laws ‘not necessary’ to deal with NFTs, says report

USPTO NEWS

Possible USPTO Trademark Fee Increase for 2025
Proposed trademark fees changes for fiscal year 2025

BUSINESS TIPS AND TRICKS

This is Week 5 and Chapter 5 of our 20-part Atomic Habits by James Clear weekly read through! Get the book and join us every week!

Transcript:
Hi, it's week five, chapter five. If you want to catch up or keep up with our readings, go to the comments below. The YouTube channel will go through chapters one through four. In chapter five, James Clear points out there has to be concrete or definitive action to for each habit that you want to do.

He has a formula here that he puts it very succinctly, which is when situation X arises, I will perform response Y, but even better than that, try habit stacking. What he means by that is that you plant a new habit in between the ones that you're already doing.

For example: Once you get out of the bed, once you finish brushing your teeth, you do a certain action. Once I brush my teeth, then I'll meditate. If I'm getting ready for bed after I get to start getting ready for bed, I'll put a book on my pillow. That way when I finished taking a shower and go to bed, the book is right there.

You insert the habits that you want to create on top of and "stacking habits" that are actually being done every day and if you insert them at very specific moments at very specific times and actually identify that specific action, you have a better chance of creating better habits because they're already linked to habits that you're already doing or events that are already happening, like sun rising, sun setting, you receiving a text, et cetera.

See you next week for chapter six.

If you would like to follow along with the series, here is our Atomic Habits by James Clear playlist:

Thank you for being a part of our community, and we look forward to helping you safeguard your brand's identity and thrive in the world of trademarks!

Warm regards,
J.J. Lee and the Trademark Lawyer Law Firm Team!

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Categories:

What are Trademark Application Suspensions?

Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.

What are Disclaimers for Trademarks?

A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights. A good example of this is disclaiming “café” if your services are for a café.

What is the Supplemental Registry?

If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry. In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.

What is the Date of First Use?

Two dates must be specified in a trademark application: Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade. Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.

What is the Renewal Timeframe for a Trademark?

The renewal timeframe for a trademark is between the 9^th and 10^th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.