Use In Commerce - Law Dictionary Search Results
Home Dictionary Name: use in commerceuse in commerce
use in commerce For the purpose of obtaining federal trademark 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. Source: U.S. Patent and Trademark Office ...
use-based application
use-based application There are four filing bases on which a trademark application may be based. One filing basis is use of the mark in commerce (the other three are filing based on an intent-to-use the mark in commerce, filing based on a pending foreign application, and filing based on a foreign registration). Applicants who file based on use in commerce must be using the mark they wish to register with the goods or services in the application prior to or at the time of filing the application. Source: U.S. Patent and Trademark Office ...
Use in transaction for trade or commerce
Use in transaction for trade or commerce, the expression 'use in transaction for trade or commerce' means use for the purpose of determining or declaring the quantity of anything in terms of measurement of length, area, volume, capacity or weight in or in connection with (a) any contract, whether by way of sale, purchase, exchange or otherwise, or (b) any assessment of royalty; toll; duty or other dues, or (c) the assessment of any work done or services rendered, otherwise than in relation to research or scientific studies or in individual households for household purpose, Mohan Meakins Breweries Ltd. v. Controller of Weights and Measures, AIR 1989 SC 959 (961): (1989) 2 SCC 405: (1989) 1 SCR 475. [U.P. Weights and Measures Enforcement Act (5 of 1959), s. 2 (JJ), 7]...
allegation of use
allegation of use a sworn statement signed by a trademark applicant (or a person authorized to sign on behalf of the applicant) attesting to use of the mark in commerce. The allegation of use must include one "specimen" showing use of the mark in commerce for each class of the goods/services included in the application, and the required fee. Source: U.S. Patent and Trademark Office ...
Sale or purchase of goods shall be deemed....inter-State trade or commerce
Sale or purchase of goods shall be deemed....inter-State trade or commerce, According to s. 3 of the Act, a sale or purchase of goods shall be deemed to take place in the course of inter-State trade or commerce. A sale of goods can be held to have taken place in the course of inter-State trade, if it can be shown that the sale has occasioned the movement of goods from one State to another. A sale in the course of inter-State trade has three essentials: (i) there must be sale, (ii) the goods must actually be moved from one State to another and (iii) the sale the movement of the goods must be part of the same transaction. The word 'occasions' is used as a verb and means to cause or to be the immediate cause of, Kelvinator of India Ltd. v. State of Haryana, AIR 1973 SC 2526: (1973) 2 SCC 551: (1974) 1 SCR 463....
interstate commerce
interstate commerce : commerce, traffic, transportation, and exchange between states of the U.S. see also commerce clause NOTE: While interstate commerce has been narrowly interpreted in judicial decisions in the past, more recent decisions have interpreted it more broadly and have allowed Congress to regulate internal or local activities that affect interstate commerce. For example, cattle crossing a state line while grazing and the movement of pollutants across state lines have been considered interstate commerce by federal courts in order to uphold Congress's regulatory jurisdiction. ...
intent to use
intent to use Applicants who have not yet used the trademark they wish to register may file an "intent to use" trademark application. An "intent to use" application must include a sworn statement (usually in the form of a declaration) that applicants have a bona fide intention to use the mark in commerce. Source: U.S. Patent and Trademark Office ...
commerce clause
commerce clause often cap both Cs : a clause in Article I, Section 8 of the U.S. Constitution that empowers Congress to regulate interstate commerce and commerce with foreign countries and that forms the constitutional basis for much federal regulation see also Article I of the Constitution in the back matter ...
statement of use
statement of use A sworn statement signed by a trademark applicant or a person authorized to sign on behalf of the applicant attesting to use of the mark in commerce. Source: U.S. Patent and Trademark Office ...
certification mark
certification mark Any word, name, symbol, device, or any combination, used, or intended to be used, in commerce by someone other than its owner, to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization. Source: U.S. Patent and Trademark Office ...
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