Use in commerce

[Sinclair]

In applying for a trademark 009 registration for [computer application software for mobile phones, namely, software that provides information in the fields of outdoor recreation, investment real estate, and personal cosmetics] does the first use for one field (e.g., outdoor recreation) constitute the first use for all? Before you apply for the registration do you have to have started commercial use in all fieldsl? Or just one field? (I don't want to use the "intended use" option). Do you have to supply a specimen for the use in each field, or just one field? (The trademark is uniform for all.)

 

[quincy]

In applying for a trademark 009 registration for [computer application software for mobile phones, namely, software that provides information in the fields of outdoor recreation, investment real estate, and personal cosmetics] does the first use for one field (e.g., outdoor recreation) constitute the first use for all? Before you apply for the registration do you have to have started commercial use in all fieldsl? Or just one field? (I don't want to use the "intended use" option). Do you have to supply a specimen for the use in each field, or just one field? (The trademark is uniform for all.)

The date of first use refers to the date you first sold your goods anywhere using your trademark as an identifier for the goods.

When you file based on actual use, you must have actually used your mark on every item you list (otherwise you must check the "intent to use" instead of "use in commerce").

You will supply a specimen that shows the actual use of trademark on the goods you are listing. This can be a photo. You will also be submitting a clear image of the mark itself, a drawing.

If you have questions about how to fill out the application, you can call the Trademark Assistance Center (1-800-786-9199), or you can check out online the "Trademark Examiners Manual of Procedure" (TMEP), or, and this I recommend, you can have an attorney in your area help you fill the application out. There are problems with about half of all trademark applications submitted - having an attorney assist will reduce the risk of you receiving an "action letter" from the trademark examiner.

Good luck.