Trademarks - use in commerce

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1 comment, last by KonradThor 19 years, 1 month ago
We've applied for a trademark on a intent to use basis and seems like almost 6 months have passed, now we have to either ask for an extension (costs $150 and gives us 6 months to submit evidence to it's use) or submit evidence showing it's use in commerce - this is where I am confused since the first trademark is for our organization's name while the second trademark is for the title of our game (still under development - and could take more than 6 months to finish) so what kind of evidence is needed to show our trademark's use in commerce? is a official website good enough? I would rather not keep filing for extensions if at all possible. Konrad The Kotarkh Empire http://www.kotarkh.com http://www.thekotarkhempire.com http://www.kotarkhempire.com
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You should be getting your advice from a TM attorney. (Yes, they are expensive, but having survived a TM lawsuit, I can assure you that a TM without good legal advice and representation is like having a house built but skipping the foundation along the way.)

From my experience, I had to show that we were actively engaged in commerce (i.e. using the mark to generate revenue) before our application could go through the final registration process.
Randy ChaseKellogg Creek Software, Inc.
Thanks, I guess I'll get the extension for now.

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