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Re: elichen post# 70609

Thursday, 02/20/2014 11:06:23 AM

Thursday, February 20, 2014 11:06:23 AM

Post# of 281973
what you said

I'm not sure "use" means there must be sales. I think the trademark could be considered to be "used" if it's just in advertisements. Just imho.



This quote below does not mean what you think it does.
The key word here Is Commerce ie. sales/trade



For purposes of this Act, a mark shall be deemed to be in use in commerce--

(1) on goods when—
(A) it is placed in any manner on the goods or their containers OR THE DISPLAY ASSOCIATED THEREWITH or the displays associated therewith or on the tags or labels affixed thereto, OR ...ON DOCUMENTS ASSOCIATED WITH THE GOODS...


ie putting a label in a shirt or labeling a container when shipping to a customer


(2) on services when it is used or displayed in the sale OR ADVERTISING OF SERVICES..



This is referring to services
we are not in a service industry we will be providing/selling products





P.s. Just called the Trademark Assistance Center
they confirmed you have to sell or advertise with the intent to sell when you file the Statement OF Use
so you do not have to make a sale but you have to have the product up for sale.
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