When you file a use based trademark or later file an amendment to allege use for an intent to use trademark, you will need to provide the U.S. Patent and Trademark Office (“USPTO”) with two dates: (1) date of first use anywhere and (2) date of first use in commerce. The date of first use anywhere is the date on which goods were first sold or transported or services were first provided under the trademark – even if the use was just local and not in interstate commerce. The date of first use in commerce is the date when goods were first sold or transported or services were first provided under the trademark between more than one state or U.S. territory or between the U.S. and another country.
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