The U.S. Trademark Use Requirement and Associated Risks and Strategies for Chinese Applicants

Ladas & Parry LLP
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I believe there is a misunderstanding as to what we mean when we say "use requirement" or what the trademark office means when they say "use requirement". The trademark use requirement in the United States is not evidence that the mark is used in the United States. It's not evidence that it's used in the United States. It is not evidence that it was used on a particular date or for a particular period. The USPTO relies on your sworn oath, on the information you provide them, and they accept that. They don't require you to prove See more +
I believe there is a misunderstanding as to what we mean when we say "use requirement" or what the trademark office means when they say "use requirement". The trademark use requirement in the United States is not evidence that the mark is used in the United States. It's not evidence that it's used in the United States. It is not evidence that it was used on a particular date or for a particular period. The USPTO relies on your sworn oath, on the information you provide them, and they accept that. They don't require you to prove that the mark is used in the United States or when the mark is used. You're just going to tell them, "I used it as of this date, and I used it in the United States." That's all they care about. So what is this use requirement, then? It really is evidence that the mark is used as a trademark. It's evidence that if I look at the mark, where it's placed, how it's used, and the evidence you provide, I can see that this is a trademark use, as opposed to an ornamental use. I can see that this is showing use of the mark in relation to goods that are sold or transported in U.S. commerce or services that are offered. There are essentially two ways to prove use for goods and two ways to prove use for services. For goods, it's about showing it on the product, packaging, labels, tags, or anything of that nature, or on a point-of-sale display. This could be an Internet website, where people can purchase it on line, as an example. For services, it should be an advertising or marketing materials, one, or number two it should be used in the course of providing the goods or services. See less -
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