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"use in commerce" for a service business

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L

lemondog89

Guest
What is the name of your state? Arizona

I have filed in ITU Trademark application for a future pet boarding kennel business, which will open in about 18 months. I have also filed several extensions, because our building is not built yet.

What exactly constitutes "use in commerce" with a service business? Do I have to show proof of a transaction, and since my customers will virtually all be from within this state, how do I qualify for "interstate commerce"? Can I simply show our business cards NOW, which bear our business name and an explanation of services, even though we are not open yet? Is there anything I can do now show proof of use, rather than file an ITU extension? What about if I board someone's pet in my home for a fee, and use my business name? Will an invoice suffice, and/or do I need to accept a credit card payment to show "interstate commerce?" Thanks for your assistance...
 


C

ChicagoLawyer

Guest
Look at TMEP chapter 1300 as it offers information on how to show use of a service mark and what constitutes adequate use. Generally speaking, business cards will not cut it as a specimen of use. Also, only intrastate will not suffice. Get another extension or file a state application.

This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship.
 

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