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Understanding The Date Of First Use For Trademark Applications

Posted by on Mar 26, 2016 in Trademark | 0 comments

It is not really important to register a trademark before it can be used. In fact, one way to claim ownership of a trademark is by using it. If proper steps are taken or some of the stipulated guidelines guiding the use of a trademark in business are followed, others can be prevented from claiming it or infringing upon it even if it is later registered with the United States Patent and Trademark office. To fully understand the date of first use of trademark applications, here are some things to know. Feel free to contact US patent lawyers firm for more advice.


Use the trade mark before filing

As a small business owner, there are tendencies to protect the trademark even before it goes public, however, this is not the case. Before a claim can be officially filed for the trademark with the United States Patent and Trademark office, there must be a proof of its usage or an evidence to show that it has been in use. There is need to demonstrate that the trademark has been used on products of the business.

Date of first Use

 The very first day the trademark went public (i.e. was put to use), must be documented. It is important to note that a trademark will not be considered for first use when it is placed on the paperwork. The sale of the goods indicates that it is a business but an assurance for proving that the date of first use can only be obtained when the trademark is tagged or placed on the goods meant for sale.goes here

Business domain

A website or a domain name can be used as a proof of first use of a trademark. It is important for the trademark to appear visibly well on or beside the products to be sold. This will go a long way in support the claim to the trademark because websites or domain names list a date that explains when they were put into use.

Date of first Use and Official Application

The first date of use can be used as proof to claim a trademark if application is made through the trademark office. The federal court has approved the placement of a trademark on goods while a single shipment or sale may suffice to support its registration. However, that shipment must come along with proof of continuing activities that reflect an intent to use the mark beyond the initial sale.
Therefore, it is important to understand that the day the trademark was firstly used in commerce is the same as the date of first use. So keep in mind, trademark cannot be used only for the establishment of trademark rights but has to be used realistically to allow the USPTO to certify that the provided use of the mark is enough for its qualification and not only to claim ownership
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