INTERSTATE COMMERCE

Registration of a trademark with the Patent and Trademark Office is permitted only if the trademark or service mark (“mark”) is used in interstate commerce. That means the goods or services have been sold or offered for sale across state lines If you have a website for your goods or services, that is generally sufficient. If not, you need to swear in an affidavit that you sold the goods or services in a state other than your own. It would be prudent to have proof to back up this sworn statement such as a sales receipt or the like.

Date Of First Use Of Interstate Commerce

The application requires the date that the mark was first used in interstate commerce. Interstate commerce is described above. You do not need to show proof, but you should have some proof of the date you are claiming It could be the date you first sold something, or the date you opened a store, or the date you started a business It will depend on your circumstances and should be discussed

Date Of First Use Anywhere

The application requires the date that the mark was first used anywhere This is contrasted with the date of first use in interstate commerce Use anywhere can be within a state.

Classes

The Trademark Office has designated classes of goods and services applicable to marks. A separate application is required for each class of goods and services for which registration is sought The Trademark Office will assign the class if the applicant does not know it

Descriptions

Every application also requires a specific description of the goods or services for which registration is sought. The Trademark Office has a large number of pre-written descriptions for common goods and services. If the pre-written description is not adequate, the applicant can prepare its own However, with a customized description, the application fee is higher because the Trademark Office has to spend more time reading and considering the description