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The #1 Trademark Registration Requirement for Online Brands

Curious about trademark registration requirements in the US? Today we’re talking about the number one most important thing that you need in order to file for federal trademark protection in the US.

I’m going to cut to the chase, the number one most important thing that you need in order to successfully register your trademark is use of the trademark in interstate commerce.

Whaaaat? What does that mean, exactly? Well, it means that you have to be able to show that you use your trademark across state lines. That can be a little bit harder for hyper-local businesses, or businesses that don’t do any business online. But if I know you, you absolutely do business online. In fact, you might only do business online.

So how does this trademark registration requirement play out? How do you show that you’re using a trademark across state lines? Well, when you file a trademark application, you have to submit what’s called a “specimen.” (Unless you haven’t started using your trademark yet, and then that’s a whole other can of beans.) Your specimen will show exactly how you’re using your brand. It will likely be a screenshot of your website and the services that you offer under your website. It also could be a screenshot of your podcast on Apple, or a screenshot of your video show on YouTube. If you promote others’ products and services on social media as an influencer, you can submit screenshots of your account where you promote those goods and services and your trademark might be your Instagram handle.

Bottom line, though, is that the best way to show that you’re using a trademark across state lines is to offer services across state lines by using the internet. And, if you have an internet-based business, you’re probably already doing that. Which mean you have this trademark registration requirement in the bag!