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Trademarks Glossary

USE IN COMMERCE

A mark is considered to be "used in commerce" when the mark is on goods for sale (either on the goods or their packaging) in interstate commerce. A trademark for services will be considered "used in commerce" when it is used or displayed in the sale or advertising of services and the services are rendered in interstate commerce. The threshold for "interstate commerce" is very low. Examples of goods and services found to have satisfied this requirement include any goods shipped between different states bearing the mark and services that in any way affect interstate commerce (a gas station selling gas to anyone driving between states or on federal highways, a restaurant that serves anyone who might be traveling between states, etc.).