What is the first use in commerce requirement for a trademark?
The first use in commerce requirement is an essential part of trademark law in Massachusetts. This requirement says that a trademark must be used before it can be registered with the state. The date of first use must be the earliest date that a trademark has been used in sales of goods or services to the public. This date can be one of two things: either the date of the first sale of the goods and services with the trademark, or the date the trademark has been publicly displayed for the first time. For example, if a company produces a new product with a trademarked logo on it and begins selling it, the date of first use would be the date of the first sale. But if the company prints out promotional materials featuring a trademarked logo, the date of first use would be the date of the first public display—e.g., the date the promotional materials were printed. The importance of the first use in commerce requirement is twofold. First, it determines when a trademark is considered to have been established in the eyes of the law. Second, it acts as a marker to determine which trademarks are eligible for registration and protection under Massachusetts law. Without the first use in commerce requirement, trademarks would lose their value by not having a definitive date of establishment.
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