Greg, First Use is different from First Use in Commerce. When you apply for a Federal Trademark or Service mark you will be asked to fill out (1) the date of First Use and (2) the date of First Use in Commerce.

(1) First Use can be whenever the mark first appeared on the goods or services whether sold or transported and may be done locally.

(2) First Use in Commerce requires interstate commerce (outside the state).

These dates are often the same, but may be different. I hope this helps.

Jayme, does first use mean that you have had to sell at least one item with the mark on it?

Here a few quick things you should known about trademarks:

1. Trademark rights are acquired through use.
2. To be eligible for a Federal Trademark or Service Mark, one must have used the mark in interstate commerce, or intend to use it in interstate commerce.
3. Trademarks that are generic cannot be registered.
4. A mark that is merely descriptive of your goods or services may or may not be registrable, and is generally considered very weak.
5. A search is highly recommended before applying for Federal protection or using a mark in commerce.

While this is not intended to be legal advice, I do have some experience with handling trademark matters and I am an attorney.

I am not an attorney. I simply like this stuff.

First use constitutes ownership of the mark. Make sure nobody else has it already in use for the same product or service. You may then be entitled to use the TM mark right next to the name.

Interstate use defines a Federal Trademark. You just need to trade with at least one other state (different than yours) to have a Federal Trademark.

Registration is not necessary, but it is desirable. If registered you may use the encircled R ® If you have not registered the mark you may not use the ® This is punisable with fines.

I suggest you get the booklet: “Basic Facts About Trademarks” from the PTO.

http://www.uspto.gov/trademarks/basics/BasicFac...

I just saw John’s post. If you reigster, you may also trademark a logo or design under the same filing.

If you like this stuff, you may do it on your own. Don’t cut corners. Be careful. Be diligent.

Again, this is not legal advice as I am not an attorney.

I used the services of a trademark lawyer for a website name. The process consisted of identifying the name to TM, (and other special characters or logo), identifying which countries you would like the TM for; and lastly, what type of business sector you will operate in.

Hi Bluekarma. You can go to trademarkia.com.