QUESTION: Does use in commerce mean that I actually have to have sales? I have a trademark registration that is nearly 5 years old. My product has been available for sale online the entire time. Unfortunately the product is expensive and I have not made any actual sales. Does this mean that my mark is not actually used in commerce? Are sales required or does use in commerce just mean that the product must be legitimately available for purchase online. Customers do have the ability to purchase my products directly from the website by clicking on a credit card/PayPal payment button.
ANSWER: One does not necessarily have to have sales of product to establish “use in commerce” to obtain federal trademark registration. But it certainly helps to have sales in order to establish such use. In the online context, it would generally be helpful, in establishing use”, to display your products with your trademark on the product.