• Call For A Free Consultation (347) 943-1449.
  • Monday - Friday: 8am to 5pm EST
TCP Law, PLLC.

Common law trademark rights are based on a judicially created scheme of rights governed by state law and developed through use. Common law trademark rights are limited to the geographic area in which the mark is used.

Federal registration trademark rights are based on a federal statute and do not initially require use of the mark. Federal registration trademark rights do not have the geographic limitations of common law trademark rights.

There are three periods during which use in commerce may be claimed:
  1. Use in commerce may be claimed between the date the trademark application is filed and the date the mark has been approved for publication.
  2. Use in commerce may be claimed within the first six months after the date that the Notice of Allowance is issued.
  3. Use in commerce may be claimed within six months of the filing of an extension request for a fee. A total of five extension requests may be filed thereby allowing for a total of 36 months of extension time from the date of the issuance of the Notice of Allowance.

For goods, use in commerce refers to the product being sold or shipped within the United States in the ordinary course of trade with the mark displayed on the product itself or on external materials such packaging, tags, and labels. A point-of-sale display or brochure may suffice as a specimen of use for goods. Advertising and marketing alone are generally unacceptable to show use in commerce.

For services, use in commerce refers to the services being provided within the United Sales in connection with the mark. Acceptable specimens of use for service marks may include advertising and marketing materials displaying the mark and referencing the services identified in the application.

 John C. Laurence, Esq.

Call For A Free Consultation
(347) 943-1449