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Topic: Use in commerce specifics (Read 628 times) |
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Miko
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Hi, I created a new sporting goods brand that I intend to register in classes 28 (sporting goods) and 25 (clothing). I have already ordered and received the products and clothing with the brand name/logo printed on them. They were delivered from the manufacturer across state lines to me, but not actually sold to a customer yet. I also have a website up and running (no sales yet) that offers the products for sale online.
Question: Have I used the trademark in commerce yet? Or do I need to file with intent to us
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JSonnabend
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Posts: 2251
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Re: Use in commerce specifics
« Reply #1 on: Nov 2nd, 2005, 7:42am » |
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Depending on the exact nature of the "offer for sale" on the internet, such use may constitute use in commerce in the nature of point of sale (i.e, "shelf talker") advertisements. The receipt of goods from the manufacturer is in all likelihood not a use in commerce.
Have you cleared your marks for use?
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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Miko
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Re: Use in commerce specifics
« Reply #2 on: Nov 2nd, 2005, 1:42pm » |
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"Cleared"? I'm not sure what you mean by that.
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JSonnabend
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Posts: 2251
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Re: Use in commerce specifics
« Reply #3 on: Nov 3rd, 2005, 7:41am » |
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Have you done your due diligence to make sure that the mark is: (1) available for registration and (2) available for use? A "yes" answer to item (1) does not necessarily mean a "yes" answer to item (2).
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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Miko
Guest
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Re: Use in commerce specifics
« Reply #4 on: Nov 7th, 2005, 4:10am » |
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My mark is currently registered and in use in another country for both classes. I have found there to be no conflicting marks in that country. Now I would like to register in the U.S. though. In the U.S. I did find that an existing company has "xyz" mark registered for clothing. Mine would be "xyz bicycles" for sporting goods, thus I would not attempt to register the mark for clothing. Could I still sell t-shirts with my mark on it though? I mean, if there was a plumbing company named Levi's Plumbing, couldn't they make t-shirts with their company name on it or would they be infringing on the Levi's clothing trademark?
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