Actual Use Trademark

In an actual-use application, the USPTO requires the mark already be in use in commerce in association with its related goods or services. Usage can be through affixing the mark on the products, packaging and labels or through advertising and promoting the products and/or services in interstate commerce. Usage is demonstrated by submitting specimens to the USPTO showing the mark in association with the goods or services.

Aside from conflicting trademark names, incorrect specimens is also a common reason why trademark applications are refused registration and become more costly. The USPTO has strict requirements when submitting specimens in a trademark application concerning the way trademarks are displayed in association with goods or services. Although this is a simple issue easily resolved in advance by someone knowledgeable about the trademark application process, it is a common cause for objection to the trademark application. SHERMAN IP attorneys are experienced and knowledgeable about getting trademarks registered and will work with you in order to make your trademark application process flow efficiently and cost effectively to obtain for you a valuable trademark registration for your trademark.