FAQ - Am I Using My Trademark in Interstate Commerce?

FAQ - Am I Using My Trademark In Interstate Commerce?

What is Interstate Commerce:

• Goods: In the most simplistic form, to qualify for use in “interstate commerce” you need to be selling your products - with the trademark attached - across state lines.

• Services: Offering/providing your services - under the trademark - to people outside of a single state.

What constitutes Use for Goods/Physical Products/Downloads:

• Product/Product Packaging: Photos of the trademark attached to your product or product packing. This includes labels and hang tags on clothing items.

• Point of Sale Displays: A photo of a counter display showing your trademark in close proximity to your product.

• Website: Provide a screenshot where you offer your goods/products for sale and the trademark is in use. A consumer needs to be able to purchase the good/product on the website. The trademark needs to be in close proximity to the goods and the “buy now/shopping cart” button.

• Software/Music/Videos: If you have downloadable software/music/videos, provide a software launch screen or a screenshot where the software/music/videos can be purchased and downloaded. If you offer physical software/music/videos, provide a picture of the mark attached to the software/music/video.

What constitutes Use for Services:

• Website: A screenshot of your website where the services are advertised.

• Signage: Photos of signage attached to your physical location where you offer your services.

• Printed or online material showing your mark and your services: A menu for restaurant services. Tour dates for a musical group. A screenshot of a launch screen for an ongoing TV show. Business cards and letterhead that show your mark and your services.

• Software as a Service:  A screenshot of the dashboard or login screen showing the mark and the services. Informational materials showing the trademark and describing the software as a service.

This is a summary of possible acceptable specimens of use and doesn’t cover ever type of good or service. If you have questions, feel free to contact us or visit the USPTO website.