TMEP 903.01: Date of First Use Anywhere

This is the October 2015 Edition of the TMEP

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903.01    Date of First Use Anywhere

In a trademark or service mark application, the date of first use anywhere is the date when the goods were first sold or transported, or the services were first rendered, under the mark, if such use is bona fide and in the ordinary course of trade. See 15 U.S.C. §1127 (definition of “use” within the definition of “abandonment of mark”). For every applicant, whether foreign or domestic, the date of first use of a mark is the date of the first use anywhere, in the United States or elsewhere, regardless of whether the nature of the use was local or national, intrastate or interstate, or of another type.

See TMEP §1303.01(a)(i)(B) regarding dates of use for collective trademarks or collective service marks, TMEP §1304.02(a)(i)(B) regarding dates of use for collective membership marks, and TMEP §1306.02(a)(i)(A) regarding dates of use for certification marks.