use in commerce

use in commerce. Trademarks. Actual use of a trademark in the sale of goods or services. • Use of a trademark in commerce is a prerequisite to trademark registration. This type of use fixes the trademark in a way that associates it with marketed goods or services, as contrasted with a token use intended to reserve some right to use the mark in the future. For goods, a mark is used in commerce if it is displayed on or with goods offered for sale, or placed on documents related to the goods. For services, a mark is used in commerce if it appears in advertising or on documents related to the services. In addition, the goods must be used or the services rendered in more than one state. Use of a trademark in interstate commerce is a prerequisite to federal trademark registration. [Cases: Trade Regulation 65, 153. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 32–33.]

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