Legal Question in Intellectual Property in District of Columbia

Trademark Use In Commerce on Goods

Is a mark considered in use in commerce when it is placed on goods (not yet sold) and on displays associated with the goods then transported across state for the purpose of presentation to prospective investors or possible business partners?

Asked on 12/11/07, 7:45 am

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: Trademark Use In Commerce on Goods

Quite probably not (if the displays are not actually for the purpose of selling goods). But if you need to protect the mark before making such presentations, you can file an Intent to Use trademark application, and then get the mark, with construvctive use back to the filing date, upon a showing of actual use.

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Answered on 12/11/07, 11:51 am

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