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What is Use of a Service?

Under U.S. trademark laws, use of a mark in connection with a service means the mark is used in the advertising or selling of services and the services are rendered in interstate commerce.  It is virtually impossible to place a mark on a service, so the specimen of use required for registration may be advertising or promotional materials, unlike the requirement for goods.  However, the services must be rendered, meaning services are being performed, not just advertised and offered.  If no services are rendered, the mark is not in use.  Keep this in mind when applying to register a service mark.  If an application is based on use, and the mark is not used on any of the goods or services listed in the application, the application is void and no registration will issue.  This differs from a fraud claim, because an intent to deceive the PTO is not required.  If you are not sure, it is best to file based on intent to use.