Dates of First Use

All trademark applications are required to include the “dates of first use.” For a use-based trademark application, you must provide the dates of first use at the initial time of filing. For an intent-to-use trademark application, you must provide the dates of first use in the later-filed allegation of use. The dates of first use refer to using the mark with the goods and/or services identified in the trademark application.

The dates of first use include two dates:

  • The date of first use anywhere
  • The date of first use in commerce

The Date of First Use Anywhere:

The date of first use anywhere is the date upon which you first used the mark anywhere. This use must be in connection with the goods and/or services you identified in the application or allegation of use.

A date of first use anywhere is the date when:

  1. you first sold or transported goods or first rendered the services under the mark, and
  2. you made such use in good faith and in the ordinary course of trade.

The date you first used the mark “anywhere” means such use in the United States or elsewhere, regardless of whether the nature of the use was local or national, intrastate or interstate, or of another type.

 The Date of First Use in Commerce:

The date of first use in commerce is the date upon which you first used the mark in interstate commerce. This use must be in connection with the goods and/or services you identified in the application or allegation of use.

A date of first use in commerce is the date when:

  1. you first sold or transported goods or first rendered the services under the mark in a type of commerce that U.S. Congress may be lawfully regulate (such as interstate commerce or commerce between the United States and a foreign country), and
  2. you made such use in good faith and in the ordinary course of trade.

Additional Notes

In many cases, both of these dates will be the same. In some cases the date of first use anywhere is before the date of first use in commerce. However, there are no cases where the date of first use in commerce is before the date of first use anywhere.

In trademark applications that identify multiple classes of goods or services, the dates of first use must be provided for each class (and thus different dates may be provided for each class). Where you list more than one item of goods or services in a particular class, the dates of first use should apply to all the listed goods or services in that class (unless the Applicant designates the particular item(s) to which the dates pertain).