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Use may be by a company “related” to the applicant, such as a licensee, but may also be by a jobber, distributor, or dealer of applicant’s goods.

Evidence of use submitted to the PTO must conform to certain requirements, which differ depending on whether the mark is used for goods or services, or as a certification or collective mark.

Barritt Trademark rights arise in the United States from use of a mark. Patent and Trademark Office (“PTO”) generally requires evidence of such use before a mark can be federally registered.

At common law, the only way to obtain rights in a mark is through actual use. Understanding what constitutes use of a mark is therefore critical to obtaining and protecting trademark rights.

Evidence of use must also be filed at every ten year renewal of the registration.

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