Mark Radio Advertising Agreement Template Made Easy

Mark radio advertising agreement template

Hi. I'm US trademark attorney Morris Turek. Today, I'm going to talk to you about the concept of "use in "commerce" as it relates to trademark law. The concept of use in commerce is vitally important in US trademark law, especially with regard to federal trademark registration. Needless to say, the definition of use in commerce is something all trademark applicants should be aware of. As you may know, there are essentially two ways in which to register a trademark. The first is to file your trademark application on an in-use basis. This means that your trademark is already being used in commerce in connection with the advertising and sale of the products or services recited in your trademark application. If your trademark is not yet in use in commerce, then you have the option of filing your trademark application on an intent-to-use basis. This allows you to reserve the trademark while you're getting ready to provide your products or services. Later in the US trademark registration process, you'll need to file either an Amendment to Allege Use or the Statement of Use, which demonstrates to the United States Patent and Trademark Office that you're actually using your trademark in commerce. Now, I could sit here and give you the technical definition of use in commerce that you'd find if you went digging through the trademark federal statutes and rules. But I want to make this as easy for you to understand as possible. Because if you file an in-use trademark application or the Statement of Use before your trademark meets the use in commerce standards, then your trademark application will be void and any resulting registration will be vulnerable to a potential trademark cancellation. I don't want that unfortunate situation to happen to you. Regardless of whether your trademark is for products or for services, the use in commerce must be genuine and real. This means that the use isn't merely made for the purpose of filing an in-use trademark application, an Amendment to Allege Use, or the Statement of Use. So for instance, let's say you want to register a trademark for clothing items. Just printing a couple of t-shirts with the trademark on them and giving them to your two best friends wouldn't be sufficient to file an in-use trademark application, an Amendment to Allege Use, or the Statement of Use. Similarly, let's say you want to register a trademark for a home remodeling services. Just quickly handing your sister a business card with your trademark printed on it before you start remodeling her kitchen wouldn't likely be considered use in commerce either. Both of these examples just don't seem like real genuine legitimate ongoing commerce, do they? Now that you know that use in commerce can't just be for the purpose of submitting a trademark application, an Amendment to Allege Use, or the Statement of Use, we need to turn to how the trademark must be used in order to meet the use in commerce threshold. If your trademark application is for products, your trademark would be considered to be in use in commerce when (1) your mark is placed on the products, on product packaging, on labels or tags affixed to the products, or on documents distributed with the products, such as user guides, instructional manuals, and invoices, and (2) the products have actually been sold or transported within the United States or within one of its territories. This means that simply taking orders for a product isn't use in commerce. Advertising a product that's not yet available isn't use in commerce. Putting a photo of the product on your website without any means of ordering it isn't use in commerce. And only distributing a product outside of the United States isn't use in commerce. Now, if your trademark application is for services, your trademark will be deemed to be in use in commerce when (1) your mark is used in advertisements, marketing brochures, flyers, radio ads, television commercials, or on websites that promote the services recited in the trademark application, and (2) the services have actually been rendered in the United States or within one of its territories. This means that advertising and marketing of the services isn't use in commerce by itself. You must have also rendered or provided the services listed in the application. Sometimes, it can be difficult to ascertain whether the use of your trademark meets the threshold of use in commerce. If there's any doubt whatsoever, it's much better and safer to file an intent-to-use trademark application. In addition, you should file a Request for an Extension of Time if you don't have use of your trademark by the Statement of Use deadline. This will help to ensure that your trademark application and any resulting registration is rock solid and can be enforced in a court of law if necessary. Again, I'm US trademark attorney Morris Turek. If you have any questions about the definition of use in commerce, please don't hesitate to contact me. I look forward to hearing from you soon.