Merely offering your goods under a trademark on a website or in a store is insufficient to support an allegation that you have used your trademark in U.S. commerce for a trademark application. You must actually sell or transport the goods bearing the mark to an unrelated party through U.S. interstate (or foreign) commerce. Similarly, shipment of goods bearing the mark from a manufacturer to the trademark owner, without more, is not sufficiently public to qualify as use for a trademark application. These use requirements were clearly applied by the Trademark Trial and Appeal Board (TTAB), which cancelled a registration for nonuse.
Posts from May 2023.