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Written by : Frances Ehrhardt
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there is a faster and easier way now for companies to register their trademark in Singapore they can file it directly through a mobile application developed by the intellectual property office of Singapore called I bosco it is touted as the world's first trademark registration app trademark filing will take less than 10 minutes with the app the current process takes around 45 minutes to an hour users will be able to track registration status be notified of updates or file for trademark group renewals the app can also help prevent the filing of trademarks that are too similar to existing ones as more than 40% of trademarks filed nowadays contain images trademarks have become critical to business success as a result trademark applications in Singapore have increased by 30% over the last five years
Thanks for your comment Chara Maj, have a nice day.
- Frances Ehrhardt, Staff Member
if you've seen any of my previous videos about trademarks you've likely heard me say that you have to be using a trademark in commerce before it can be registered with the uspto but what exactly does that mean to use a trademark in commerce i'm gonna explain to you what it means to use a trademark in commerce how to determine your date of first use of a trademark what can happen if you get that data first use wrong and how use in commerce can affect your trademark right welcome to all up in your business if you haven't already subscribed hit that subscribe button and that little bell so you'll be notified every time i post a new video and so you don't miss out on any more hot trademark tips hi i'm aiden durham business and branding attorney with 180 law co in colorado and i've helped hundreds of businesses secure and protect their trademarks the number one most important thing to remember when it comes to trademarks is something you've likely heard me say before a trademark isn't a trademark until it's a trademark when you're applying for trademark registration you have to give the date of first use in commerce that's the day your trademark became a trademark so let's talk about what that means and what it means to use a trademark in commerce and make sure you watch till the end because i'm going to tell you why not knowing your first date of use in commerce could even make you guilty of fraud i've talked in previous videos like this one about how it's possible to file a trademark application on a 1b intent to use basis which means you're not yet using the trademark in commerce but you have a bona fide intent to do so but the trademark won't be registered until you've started using the trademark in commerce and you provide proof of that use to the uspto because it's not a trademark until you start using it as a trademark because a trademark isn't a trademark until it's a trademark you also need to let the uspto know the specific date of first use of the trademark in commerce so how do you know if you're using a trademark in commerce and when you started using a trademark in commerce i've had a lot of conversations with clients where we'll be talking about this and i'll ask when they started using the trademark in commerce because i need that date of first use for their trademark application quite often i'll get a response back like well this was the date that i formed my llc or this was the date that i purchased the domain name for my business or for my trademark no no no no neither of those things constitute use of a trademark in commerce simply forming an llc or purchasing a domain name doesn't make your trademark a trademark the official legal definition of commerce is all commerce which may be lawfully regulated by congress oh rocky rocky just shut my light off rocky come on buddy oh pal oh pally all right we're back hopefully rocky's not going to lay on my power strip again where were we anyway okay commerce means commerce that can be lawfully regulated by congress and use in commerce means the bona fide use of a mark in the ordinary course of trade and not made merely to reserve a right in the mark there's a whole big drawn out definition of what use means with respect to goods and services and exactly what that looks like but it can pretty much boil down to this use means you are actively marketing and selling your goods or your services to consumers and that you're using the trademark in connection with those activities whether the trademark is uh fixed on a product or product packaging or a product display or if it's used on a website or other materials to market and sell your services it's not enough that you've just filed for the llc or purchased the domain name you have to be actually engaging in the business and using your trademark in the ordinary course of those business operations and actually selling marketing promoting your products or your services so that's what it means to use a trademark in commerce but let's go back to this in-commerce part again commerce in this sense means a type of commerce that can be regulated by the united states congress this means that it needs to either be interstate commerce like between two states territorial commerce like between the united states and one of its territories like puerto rico or guam or commerce between the united states and a foreign country or foreign jurisdiction to pretty grossly generalize because there are not exceptions but there are different ways that this is actually applied but it's a gross generalization it means that you need to sell your product or service to at least one person from a different state or territory or country from where your business is located or where it operates is this all starting to make a little bit more sense i sure hope so hit that thumbs up and like this video or comment if things are starting to come together for you it's not always easy to say exactly what use is but we know from case history and legal precedent that there are a few warning signs or red flags that a certain kind of use may not be enough to really constitute use in commerce of a trademark some of those factors or red flags or signals are number one single or very infrequent shipping of goods that are normally sold in larger quantities in your industry second factor sales to friends or family of course that doesn't mean you can't sell your products or services to friends or family but kind of some of these like nominal sales to a family member those by themselves may not be good enough to constitute use in commerce of a trademark a lack of concern for whether the purchasing public ever has an opportunity to buy the product so if okay i'm selling it to a lot of my friends and family but the general public uh general consumers never encounter this never have an opportunity to buy the product themselves the owner of the mark doesn't engage in any kind of marketing or promotional activities to sell the goods or services the first use of the mark was followed by an abnormally long hiatus from using the mark or labels uh used on a product were handmade or otherwise not of a normal commercial character now all these things just because this is might be true in your instance these things don't necessarily mean that it's not use of a trademark in commerce these are just some factors that might be like a red flag to the uspto or in a situation like this if you know you've only sold one product to a family member and that one product had a handmade label on it it all kind of ends up looking like sham use of the trademark so those are just a few things that can kind of help tip you off of whether this is actual legit bonafide use of a trademark in commerce again it really just boils down to using the trademark like a normal business would in the normal course of doing business consumers are able to see the trademark in the marketplace when they're encountering your goods or your services and again it's so important to know what use in commerce means because we have to give that date of first use in commerce on the trademark application and we have to be accurate with that
Thanks Buddy your participation is very much appreciated
- Frances Ehrhardt
About the author
I've studied systems neuroscience at Kean University in Union and I am an expert in popular culture studies. I usually feel giggly. My previous job was retail inventory control analyst I held this position for 17 years, I love talking about fishing and tai chi. Huge fan of Zendaya I practice athletics and collect non-sports trading cards.
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