Brief Notes

Trademark – using Website as Specimen of Use in Commerce


This brief note is not legal advice and is for educational purposes only.
At the time that you file a trademark (mark) application it can be based on:

“actual use in commerce”

In simple terms it means actual use in “interstate” or “foreign” (outside US) commerce, NOT intrastate (e.g. within a single state).


We often have clients ask about websites showing actual use. Here are some considerations.

See Lands’ End, Inc. v. Manbeck, 797 F. Supp. 511, 514, 24 USPQ2d 1314, 1316 (E.D. Va. 1992); In re Dell Inc., 71 USPQ2d 1725, 1727-1729 (TTAB 2004); In re MediaShare Corp., 43 USPQ2d 1304 (TTAB 1997); and TMEP §§904.03(h), (i).


You can use websites for specimens to show actual use in commerce if done right.

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