Applicants often wrongly assume that they only need to use their trademark with one of the goods or services listed in their trademark application. The U.S. Patent and Trademark Office requires that an applicant use its trademark in connection with each and every good and service listed in the application either initially if the trademark application was filed based on use in commerce or before a statement of use is filed if the trademark application was filed based on intent to use in commerce. For example, if an applicant files to register a mark for “hats, pants, and shoes,” the applicant needs to have sold hats, pants, and shoes under the mark in order to either file the application based on use in commerce or in order to file a statement of use. Using the mark on just hats or pants or shoes will not suffice – the mark needs to be used on all three goods. If an applicant does not comply with this requirement, the applicant runs the risk that the application will be deemed void due to fraud on the U.S. Patent and Trademark Office.
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