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Satisfying the Interstate Sales Requirement

Hi Everyone!

My name is Lindsay and I’m a trademark attorney.

I want to share a super important tip for those of you who are thinking of hiring a trademark attorney. This is one of the main things that I focus on in my intakes with clients, because it is going to determine what kind of trademark application you file, if at all.

So what is this important thing to consider? It’s whether or not you can show proof of “interstate sales.”

What does this mean? It means that if you sell products, you’ve already sold a product to someone in another state. Maybe you shipped it to them in another state, maybe they came from another state and bought something at your store.

If you sell services, it means you’ve sold services to someone in another state. Same thing as with goods- maybe you delivered digital services to them and they live in another state, like you sold them an online course, or maybe they traveled through your state and used your services, such as getting a treatment done at your salon or something like that.

There is an alternative, called an Intent to Use application, but that is something I will have to get to at another time.

Hope this was helpful!


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