Chapter 900 Use in Commerce

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Date of First Use

Does the date of first use actually have to be the date of first use? Is it possible to select a date after the date of first use and still provide a true and correct submission?

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903.03 Relation Between the Two Dates of Use

This section says that the date for first use anywhere and the first use in commerce are the same for a Section 1(a) application, if the first use anywhere is one that is regulated by the federal congress. However, is this the case even if no customers used the service across state lines on the date of first use anywhere, such as with a service over the internet?

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Declaration of Use of Substitute Specimens in Commerce

904.05 should clarify that a specimen need not be in use at the time of submission. The second sentence currently reads "...declaration under 37 C.F.R. §2.20 verifying that the substitute specimen is in use in commerce." But what is really called for is a statement "that the substitute or additional specimen was in use in commerce at least as early as the application filing date". It may well be that a specimen in use ...more »

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Multiple Goods/Services - date of first use

Regarding 903.08, when there are differing dates of first use/use in commerce for various goods/services in a class, it would be nice if the TMEP specified whether you should state the date of the first good/service sold or the date by which each good/service has been sold. It's vague now as to which date you should pick as a best practice.

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Specimens for Marks that are Impracticable

Does anyone know whether the impracticability exception has been applied to goods that are too small to bear the mark such as very small industrial products?

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