What is the Date of First Use and Intent to Use for Trademark?

What does it mean to "use" a trademark "in commerce?" The trademark date of first use is an important detail whether you're filing a current use or intent to use trademark application. You will need to indicate the date of first use of the trademark in commerce on the application or the statement of use after receiving a notice of allowance.

******

Follow Me!

**********

**********
I use VidIQ & TubeBuddy to optimize this video and my channel. And for reals, I *love* them. If you want to check them out and show your love for All Up In Yo’ Business, you can use my affiliate links! I may get a small cut if you buy their products.

**********
The information provided in this video should not be construed or relied on as legal advice for any specific fact or circumstance. Its content was prepared by 180 Law Co. LLC, with its principal office located at 1580 N. Logan St., Ste 660, PMB 92925, Denver, CO 80203. This video is designed for entertainment and information purposes only. Viewing this video does not create an attorney-client relationship with 180 Law Co. LLC or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice.

All Up In Yo’ Business® and 180 Law Co.® are registered trademarks of 180 Law Co. LLC.

©180 Law Co. LLC. All rights reserved.

#AllUpInYoBiz #Trademarks #USPTO

[jeanmarie]

Thank you for your video! I’m concerned about what I have been told during our trademark process concerning the date of first use for my company. We have sold to customers worldwide and some of those customers were friends and family. We were told that we can’t use any of the dates of first use that involved friends or family and also since it is an online store that we have to push our date of first use to the last date that we first sold every single product listed under our online store within the application. The last date of first use for an individual product type listed on our application is years later than when we first started marketing and selling products in commerce to customers out of state that aren’t related to us. Some products didn’t sell until later though they were marketed along with those that were sold. I’m concerned that using a date of first use that is years later than when we actually started selling or using the mark in commerce could put us at risk for someone being able to come in and say that they used it before us when their date of first use may be after the date we first starting using the mark in commerce but before the last item on our list was sold. When it comes to a dispute, is it item by item or does the USPTO just look at what is written on the application as the date of first use? I’d appreciate any feedback you can provide. Thank you for your time.

[botanicalwaters]

Oh gosh 😰 Filed TEAS three months ago. Still haven’t launched because building bus from scratch and taking courses, branding, etc. Takes lots of time to launch! Now I’m worried they’ll send me proof of intent to use forms and I won’t be ready. But don’t want to launch before ready…only one chance to make a first impression with customers. Catch 22. I was told to secure my TM ASAP, but sounds like people are better off waiting to file TM until they are actually launching 😣. Gratitude from Colorado, Aiden 😉

[damioke]

Hi again. Do I have to actually make a sale to be considered commercial use? I have my brand name manufactured and embroidered on my merchandise and I actively have a website and promote on social media, but I have yet to actually make a sale. Any insight?

[blockbusterlatefees]

Happy Tuesday!

So i submitted my trade mark application under intent to use.


Im so ready to begin selling my product.

Can I sell my product with the tm logo before the tm process is complete?

[GreeneyezGoddess]

I barley started using in commerce this week is it to soon to submit a specimen

[mohamedrstm]

You are such a great trademark attorney 👍🏻

[mohamedrstm]

I have a good question for you!! is it possible to change the filing date after I received a response to office action. The reason for that is because I don’t have any pictures to proof the first use in commerce anywhere :(

[cdypelletier]

To clarify, the first use of a trademark is the first sale of a product or service between state lines or to another territory or country?

[WorldHustleNews]

So I must make out of state sales to prove use in commerce?

[gehlanbowker]

What if you make a DBA after you started doing business, after that and start selling goods or services(after the DBA goes through), would that count for use to trademark it?

[mastermind]

I have a t-shirt company that I want to trademark this year...does my first sales on cash app prove commerce or date of 1st use?? even if it was in 2018? I can prove date of first use from my cash app payment from customers on cashapp....do this constitute date of 1st use??

[MindsetAlchemy]

What if my product I plan to trademark is only a prototype and need the mark to get on Shark Tank? I've avoided public domain, crowdfunding, and had NDAs signed all to avoid copycats and keep ownership of 1st to market for me and my investors? So I need to quietly file for trademark before public launch. Thank You!

[shannaetaylor]

I’ve had my LLC for 3 years and have a website where I’ve made sales however I never had a logo for my business. I now have someone making an original logo for me. When the logo is ready should I upload it on my website and start using it then file a Statement of Use along with my trademark application? Is my use date the date I start using the logo? My fear is my application will be denied because I’ve been running my business for 3 years but my logo/trademark use date will be new. Also I want to trademark a clothing line under the same business. Should I do one application with both trademarks or two separate applications? Thank you for any help you can provide.

[simani]

can you apply and get back your own dead trademark?

[trzagor]

Unlike Europe and UK, trademark application in America seems very complicated !!!!

[justinkarasek]

I began selling a brand after doing a search on it came up with no active marks. I applied for the mark with USTPO and still continued to sell. My application came back suspended as someone from Canada applied a couple months before me. This is probably why it did not come up in any search because it was not actually issued. They also do not have any products sold or even created yet…ie they have not used it in commerce at all. Do I have a leg to stand on? I don’t want to have to go through a whole rebrand and customers are already familiar with my brand and product versus theirs which has no brand equity at all.