Use in commerce

The term use in commerce refers to the bona fide use of a trademark or service mark in either interstate or foreign commerce in the ordinary course of trade. Nominal use made merely to reserve a right in a mark does not qualify. Use of the mark in advertising or promotional materials before the product or service is actually provided under the mark is also not use in commerce. And, mere registration of a domain name is not considered a use in commerce.

U.S. trademark law provides that


 * a mark shall be deemed to be in use in commerce—


 * (1) on goods when --


 * (A) it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and


 * (B) the goods are sold or transported in commerce, and


 * (2) on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services.”

15 U.S.C. §1127.