Free Service as valid proof of use in commerce?

[grapesoda]

In the U.S. I would like to trademark my product name but it is currently free with a plan to monetize later (not in the near future).

The product is a free app. Can I use my active users as proof of use in commerce even though it is free?

Thanks!

 

[quincy]

In the U.S. I would like to trademark my product name but it is currently free with a plan to monetize later (not in the near future).

The product is a free app. Can I use my active users as proof of use in commerce even though it is free?

Thanks!

The Lanham Act defines "in commerce" as business or trade that can be regulated or controlled by the federal government (through US.Congress). Technically, any business that ships its product across state lines would meet the in commerce clause of the Act.

Someone is also able to file an "Intent to Use" application with the USPTO to "reserve" a trademark if what the business is offering has not yet been used in commerce but will be marketed to the public in 6 months (with extensions possible).

The cost of a product or service is not an "in commerce" determiner.

 

[grapesoda]

Thanks that helps!

 

[quincy]

Thanks that helps!

Good.

Good luck with your app, grapesoda.



edit to add: For a good look at "use in commerce," there was an article titled, "A Critical Look at 'Use' under the Lanham Act," written by Krystil McDowall. It was published in the Vol 4-No2, May 4, 2015, issue of the NYU Journal of Intellectual Property & Entertainment Law. Here is a link: http://jipel.law.nyu.edu/vol-4-no-2-2-mcdowall/