Section 904.03 Material Appropriate as Specimens for Trademarks

This Section Should State the Rule, not the Exception

The Trademark Act merely requires that a mark be used in commerce. It does not say that the mark must be used on the goods. This section is a common sense alternative to the overly-rigid standard set by the Trademark Rules. If a mark is used on invoices received by the buyer, that is a good use under the Trademark Act. It should also be good use under the Trademark Rules and the TMEP.



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Idea No. 16