• Posts by Emily Stein

    Emily represents and advises clients ranging from start-ups and small businesses to Fortune 500 companies on domestic and international trademark, copyright, and licensing issues in a wide variety of industries, including ...

If you file a U.S. application to register a service mark based on its use in commerce, take care to select an acceptable specimen of use to support that application.

 : Bottom of a blue water bottle displaying the molded letters PVPW

Unacceptable Specimen of use of PVPW for water delivery services

Section 45 of the Trademark Act says that a service mark is used in commerce “when it is used or displayed in the sale or advertising of services.” This has been interpreted as requiring, at a minimum, that there be some direct association between the mark and the services so that purchasers would perceive the mark as identifying the services.

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