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Trademark question regarding definition of "Actually using mark in commerce now"?

Trademark question regarding definition of "Actually using mark in commerce now"?

Postby sherborne16 » Mon Apr 04, 2011 12:39 am

The trademark registration form asks if I am "actually using the mark in commerce now".
Since I am applying for a servicemark, my understanding is that the service is "in commerce now" when it is advertised.
BUT one question, is a service considered "advertised" when it is just offered on a public site or do you have to do active advertising such as giving out flyers or TV ads etc.
Also, is listing the site on a search engine like yahoo considered "advertising"?

Here are some more details in case you need them. The company name is something like companyname, llc and the domain is companyname.com, and I want to trademark "companyname".
The service is an online software listing database, the I will be charging a monthly subscription to software companies to link to their sites.
The servicemark will be displayed at the top of each page (in the form of a logo).
I have an order form for software vendors to sign up for my subscription service on the site. (that is what I am directly "selling").
On the site there will be links my vendors sites (who are paying a monhtly subscription to be listed), which consumers will buy directly from them by clicking the links. I do not yet have any vendors who have actually subscribed/purchased the service as of yet.
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Trademark question regarding definition of "Actually using mark in commerce now"?

Postby avikar76 » Mon Apr 04, 2011 12:45 am

I barley know my son.
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