Trademark Law - In Commerce

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Use In Commerce

For the purpose of obtaining federal registration, "commerce" means all commerce that the U.S. Congress may lawfully regulate; for example, interstate commerce or commerce between the U.S. and another country. "Use in commerce" must be a bona fide use of the mark in the ordinary course of trade, and not use simply made to reserve rights in the mark. Generally, acceptable use is as follows:

* For goods: the mark must appear on the goods, the container for the goods, or displays associated with the goods, and the goods must be sold or transported in commerce.
* For services: the mark must be used or displayed in the sale or advertising of the services, and the services must be rendered in commerce.

The USPTO defines "Interstate Commerce" as sending goods across state lines with the mark displayed on the goods or the packaging for the goods. "Interstate Commerce" for services involves offering a service to those in another state or rendering a service which affects interstate commerce (e.g. restaurants, gas stations, hotels, etc.).
Chapter 900 of the USPTO Manual deals with "Use In Commerce" (source: http://tess2.uspto.gov/tmdb/tmep/pdf/0900.pdf").
Some businesses have tried to get trademarks on images, logos and phrases that they were only using on t-shirts and such. Courts have held that this use does not qualify as "use in commerce" because the trademark was not being used to show the source of the goods but rather were the goods themselves.

Federal Court Cases
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Federal Statutes
Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22
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