You really do need to use a mark to get a trademark registration. In case anyone needs reminding, "Use in commerce", that is, use of a trademark or service mark in connection with the sale of goods or services really is required prior to receiving a trademark registration. (see our previous post regarding use requirements) We are putting aside for another day the lack of such a requirement for trademarks which claim priority to foreign trademark registrations...
The Court of Appeals for the Federal Circuit (“Federal Circuit”) recently held that applicants for service marks under Section 1(a) of the Lanham Act must show that the advertised-for services have actually been rendered in commerce in Couture v. Playdom, Inc.
Continue reading "Reminder: Trademark Registration Requires Use in Commerce" »