Use in commerce definition

Use in commerce means a bona fide use of a trademark in the ordinary course of trade, and not made merely to reserve a right in a trademark.
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Use in commerce means the definition given in Section 45 of the Trademark Act of 1946 (15 U.S.C.1127).
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Use in commerce means "the bona tide use of a mark in the ordinary course of trade "
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Examples of Use in commerce in a sentence

  • Within thirty (30) days after the Closing, Parent and its Affiliates shall cease Use in commerce of Owned Intellectual Property and Assigned Intellectual Property.

  • Within thirty (30) days after the Closing, Seller shall cause Parent and its Affiliates to cease Use in commerce of Owned Intellectual Property and Assigned Intellectual Property (other than any Used Intellectual Property separately licensed from a third party to Parent or such Affiliate).

  • Ex. 145’s headings make clear its litigation-specific nature: “Proof”, “Date of First Use in commerce in the US at least as early as”, etc.

  • American Mineralogist 71, 317-324.Coffin, M.F., Pringle, M., Duncan, R., Gladczenko, T., Storey, M., Müller, R., Gahagan, L., 2002.Kerguelen hotspot magma output since 130 Ma. Journal of Petrology 43, 1121-1137.Coleman, M.E., 1998.

  • Use in commerce must occur “as of the application filing date.” 37 C.F.R. § 2.34(a)(1)(i).

  • Approval shall be provided to only similarly identical, and previously designated, hardware and operating systems at the time of approval.

  • Use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark or the same container or a dominant feature thereof in connection with the sale, offering for sale, distribution, advertising of any goods or services including other preparatory steps necessary to carry out the sale of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or2.

  • Use in commerce any reproduction, counterfeit, copy or colorable imitation of a registered mark or the same container or a dominant feature thereof in connection with the sale, offering for sale, distribution, advertising of any goods or services including other preparatory steps necessary to carry out the sale of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or 2.

  • Txon has not made any election pursuant to the provisions of any applicable tax laws (other than elections that relate solely to methods of accounting, depreciation, or amortization) that would have a material adverse affect on Txon, its financial condition, its business as presently conducted or proposed to be conducted, or any of its respective properties or material assets.

  • Use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark or the same container or a dominant feature thereof in connection with the sale, offering for sale, distribution, advertising of any goods or services including other preparatory steps necessary to carry out the sale of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or 2.


More Definitions of Use in commerce

Use in commerce application pursuant to Section 1(c) of the Xxxxxx Act, (k) any asset if, to the extent and for so long as the grant of a Lien thereon to secure the Secured Obligations is prohibited by any Requirements of Law, rule or regulation (other than to the extent that any such prohibition would be rendered ineffective pursuant to the Uniform Commercial Code or any other applicable Requirements of Law) or which would require consent, approval, license or authorization from any Governmental Authority or regulatory authority, unless such consent, approval, license or authorization has been received in consultation with the Administrative Agent (in each case, other than to the extent such prohibition or limitation is rendered ineffective by, or is otherwise unenforceable under, the Uniform Commercial Code or other Requirements of Law), (l) margin stock (within the meaning of Regulation U of the Board of Governors, as in effect from time to time), (m) any assets acquired after the Closing Date to the extent the creation or perfection of pledges thereof, or security interests therein, would reasonably be expected to result in material adverse tax consequences to Holdings (or any parent entity thereof), the Borrower or its Restricted Subsidiaries, as reasonably determined by the Borrower and the Administrative Agent, (n) any assets with respect to which, in the reasonable judgment of the Administrative Agent and the Borrower (as agreed to in writing), the cost or other consequences (including adverse tax consequences) of pledging such assets shall be excessive in view of the benefits to be obtained by the Lenders therefrom and (o)
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Use in commerce means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in the mark
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Use in commerce means the “bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark.” 15 U.S.C. § 1127. A mark “shall be deemed to be in use in commerce . . . on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce.” Id. “In determining whether . . . the ‘use in commerce’ test ha[s] been satisfied, we have . . . generally followed a ‘totality of the circumstances’ approach.” Rearden LLC v. Rearden Commerce, Inc., 683 F.3d 1190, 1205 (9th Cir. 2012). This approach turns on whether the mark was used “in a way sufficiently public to identify or distinguish the marked [services] in an appropriate segment of the public mind.” Id. (quoting New W. Corp. v. NYM Co. of Cal., 595 F.2d 1194, 1200 (9th Cir. 1979)). Relevant factors include not only
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Use in commerce means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. … A mark shall be deemed to be in use in commerce – (1) on goods when—
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Related to Use in commerce

  • Distribute in Commerce or “Distribution in Commerce” means to sell in commerce, to import, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce;

  • e-commerce means buying or selling of goods or services including digital products over digital or electronic network;

  • Commerce means as defined in Section 4 of the Federal Trade Commission Act, 15 U.S.C. § 44.

  • pilot-in-command means the pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of a flight;

  • Director of Public Works means the Director of the Department of Public Works, or his or her designee.

  • Harbour Master means the ABP Harbour Master or Dock Master for the Port (as appropriate) or their authorised representative;

  • Interstate commerce means any commerce moving between any place in a state and any place in another state or between places in the same state through another state;

  • Trade or commerce means the conduct of a business for profit or not for profit producing or providing goods, commodities, property, or services and includes, without limitation, advertising, franchising, solicitation, offering for sale, lease, or distribution of a service or property, tangible or intangible, real, personal or mixed, or any other article of commerce.

  • College board means the state board for community and

  • National Road Traffic Act means the National Road Traffic Act, 1996 (Act 93 of 1996);

  • Uniform Grant Management Standards or “UGMS” means uniform grant and contract administration procedures, developed under the authority of Chapter 783 of the Texas

  • fradulent practice means a misrepresentation or omission of facts in order to influence a procurement process or the execution of contract;

  • Garage, public means a building or portion thereof, designed other than as a private garage, operated for gain, designed and/or used for repairing, servicing, hiring, selling or storing or parking motor-driven or other vehicles.

  • Status with regard to public assistance means the condition of being a recipient of federal, state, or local assistance, including medical assistance, or of being a tenant receiving federal, state, or local subsidies, including rental assistance or rent supplements.

  • Violent crime means a forcible felony, as defined in Iowa Code section 702.11, and includes any other felony or aggravated misdemeanor which involved the actual or threatened infliction of physical or emotional injury on one or more persons.

  • Licensed health care practitioner means a physician, as defined in Section 1861(r)(1) of the Social Security Act, a registered professional nurse, licensed social worker or other individual who meets requirements prescribed by the Secretary of the Treasury.

  • invalid carriage means a mechanically propelled vehicle of which the weight unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical default or disability and is used solely by such a person;

  • Public works and “Building Services” - Definitions

  • Texas Grant Management Standards or “TxGMS” means uniform grant and contract administration procedures, developed under the authority of Chapter 783 of the Texas Government Code, to promote the efficient use of public funds in local government and in programs requiring cooperation among local, state, and federal agencies. Under this Grant Agreement, TxGMS applies to Grantee except as otherwise provided by applicable law or directed by System Agency. Additionally, except as otherwise provided by applicable law, in the event of a conflict between TxGMS and applicable federal or state law, federal law prevails over state law and state law prevails over TxGMS.

  • Intrastate commerce means any and all com- merce or trade that is begun, carried on, and completed wholly within the limits of the State of Washington, and the phrase “introduced into intrastate commerce” defines the time and place at which the first sale and delivery of a commodity is made within the state, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.

  • Religious organization means a church, ecclesiastical corporation, or group, not organized for pecuniary profit, that gathers for mutual support and edification in piety or worship of a supreme deity.

  • the Territory means the sub-Saharan Continent, south of the 15N latitude.

  • Public assistance means Temporary Assistance for Needy Families (TANF); auxiliary grants to the

  • Intimidating, threatening, abusive, or harming conduct means, but is not limited to, conduct that does the following:

  • Combatant Commander means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161.

  • Diocesan Schools Commission means the education service provided by the diocese, which may also be known, or referred to, as the Diocesan Education Service.