• What is trademark use in commerce? It is the bona fide use of a mark in the ordinary course of trade. In the case of goods, the mark must appear on or in connection with the product or product packaging. In the case of services, the mark must appear in connection with the offering or rendering of the services.
    Because the United States Patent and Trademark Office authority to regulate trademarks comes from the commerce clause, it is critically important that the use be a lawful when that Congress can regulate.
    It is important that the use not be one merely to reserve a mark.
    In the case of specific industries, such as the pharmaceutical or alcoholic beverage industries, where it is necessary to be in compliance with other laws, such as labeling requirements, it is important that the necessary permits are in place in order to lawfully be in use in commerce.