Date of First Use Anywhere

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USPTO TMEP › Chapter 0900 - Use in Commerce › TMEP § 903.01

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Date of First Use Anywhere · TMEP § 903.01 | Frix