Trademark Specimens 101: When can a small business demonstrate use of its mark in commerce to qualify to register a federal trademark?

摘要

Your new client arrives at your office to tell you about his exciting new business—selling t-shirts. He wants you to protect the name of his newly minted t-shirt store, "T's 2 Please." His Illinois-based store presently has one location in the state, does not advertise outside the state and sells goods only within the state. Although he is just getting his business off the ground, he has plans (as do all good entrepreneurs) to expand nationwide—or even beyond. He wants to know if he can successfully register a federal trademark, T's 2 Please, and, if so, what he must show as a specimen to the United States Patent and Trademark Office ("USPTO").