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30-May-2015 01:40

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For example, if you are selling food goods, it is not enough that the food goods were advertised.

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Therefore the mark must be used on or adjacent the goods as just described the goods must be sold or transported in commerce.

January 1 is not the first use date in commerce for the trademark application because the goods were not sold on or before that date. Use with Services If you mark is used with services, the mark deemed to be used in commerce when the mark 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.

Therefore use requires (1) the mark to be used or displayed in the sale or advertising using the mark and (2) rendering the services.

It is not clear if the activities on January 10 would qualify as having rendered services, because on that day only the engagement was signed and the facts do not indicate that any services were rendered on that date.

If you first advertised the food goods with a flyer or on a website on January 1 and then made a first sale on January 5 of the food goods having the mark to an out-of-state customer, then the first use date for the application would be January 5.On January 5 the mark was used on the goods and the goods were sold.