Date of First Use Anywhere
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USPTO TMEP › Chapter 0900 - Use in Commerce › TMEP § 903.01
Text
In a trademark or service mark application, the date of
first use anywhere is the date when the goods were first sold or transported, or the
services were first rendered, under the mark, if such use is bona fide and in the
ordinary course of trade.
See
15 U.S.C. §1127
(definition of “use” within the definition
of “abandonment of mark”). For every applicant, whether foreign or domestic, the
date of first use of a mark is the date of the first use anywhere, in the United
States or elsewhere, regardless of whether the nature of the use was local or
national, intrastate or interstate, or of another type.
See
TMEP
§1303.01(a)(i)(B)
regarding dates of use for collective
trademarks or collective service marks,
§1304.02(a)(i)(B)
regarding dates of use for collective
membership marks, and
§1306.02(a)(i)(A)
regarding dates of use for certification marks.
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