No, that is not what is meant by "point of sale" and we do not receive transaction records. Point of sale is in the context of a specimen, that is, it shows how the public would encounter the trademark in the marketplace, i.e., a display associated with the goods.
Can I file section 1(a) if I've given the product away, rather than sold it? For example, making teddy bears for an orphanage with my business logo on it.
The qualification here is based on the provision that reads as "sold or transported in commerce." Note that it says "or." However, the transported in commerce means that the goods must travel across state lines. It must be commerce that Congress regulates, which is "interstate" commerce.
when you say point of sale, do I have to show my transactions records as point of sales?
No, that is not what is meant by "point of sale" and we do not receive transaction records. Point of sale is in the context of a specimen, that is, it shows how the public would encounter the trademark in the marketplace, i.e., a display associated with the goods.
@@USPTOvideo thank you for the clarification
Can I file section 1(a) if I've given the product away, rather than sold it? For example, making teddy bears for an orphanage with my business logo on it.
Although the goods don’t have to be sold for money, they do have to change hands.
The qualification here is based on the provision that reads as "sold or transported in commerce." Note that it says "or." However, the transported in commerce means that the goods must travel across state lines. It must be commerce that Congress regulates, which is "interstate" commerce.
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