Use in commerce definition
Use in commerce means a bona fide use of a trademark in the ordinary course of trade, and not made merely to reserve a right in a trademark.
Use in commerce means the definition given in Section 45 of the Trademark Act of 1946 (15 U.S.C.1127).
Use in commerce means "the bona tide use of a mark in the ordinary course of trade "
Examples of Use in commerce in a sentence
Within thirty (30) days after the Closing, Parent and its Affiliates shall cease Use in commerce of Owned Intellectual Property and Assigned Intellectual Property.
Within thirty (30) days after the Closing, Seller shall cause Parent and its Affiliates to cease Use in commerce of Owned Intellectual Property and Assigned Intellectual Property (other than any Used Intellectual Property separately licensed from a third party to Parent or such Affiliate).
More Definitions of Use in commerce
Use in commerce means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. … A mark shall be deemed to be in use in commerce – (1) on goods when—
Use in commerce means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in the mark
Use in commerce means the “bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark.” 15 U.S.C. § 1127. A mark “shall be deemed to be in use in commerce . . . on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce.” Id. “In determining whether . . . the ‘use in commerce’ test ha[s] been satisfied, we have . . . generally followed a ‘totality of the circumstances’ approach.” Rearden LLC v. Rearden Commerce, Inc., 683 F.3d 1190, 1205 (9th Cir. 2012). This approach turns on whether the mark was used “in a way sufficiently public to identify or distinguish the marked [services] in an appropriate segment of the public mind.” Id. (quoting New W. Corp. v. NYM Co. of Cal., 595 F.2d 1194, 1200 (9th Cir. 1979)). Relevant factors include not only
Use in commerce application pursuant to Section 1(c) of the ▇▇▇▇▇▇ Act, (k) any asset if, to the extent and for so long as the grant of a Lien thereon to secure the Secured Obligations is prohibited by any Requirements of Law, rule or regulation (other than to the extent that any such prohibition would be rendered ineffective pursuant to the Uniform Commercial Code or any other applicable Requirements of Law) or which would require consent, approval, license or authorization from any Governmental Authority or regulatory authority, unless such consent, approval, license or authorization has been received in consultation with the Administrative Agent (in each case, other than to the extent such prohibition or limitation is rendered ineffective by, or is otherwise unenforceable under, the Uniform Commercial Code or other Requirements of Law), (l) margin stock (within the meaning of Regulation U of the Board of Governors, as in effect from time to time), (m) any assets acquired after the Closing Date to the extent the creation or perfection of pledges thereof, or security interests therein, would reasonably be expected to result in material adverse tax consequences to Holdings (or any parent entity thereof), the Borrower or its Restricted Subsidiaries, as reasonably determined by the Borrower and the Administrative Agent, (n) any assets with respect to which, in the reasonable judgment of the Administrative Agent and the Borrower (as agreed to in writing), the cost or other consequences (including adverse tax consequences) of pledging such assets shall be excessive in view of the benefits to be obtained by the Lenders therefrom and (o)