Preface:

In US trademark registration, only used for packaging or labeling iscanIt constitutes "Trademark Use" and may be successfully registered, but it must meet strict legal requirements.

2、 Specific legal requirements for interpretation

1. Legal basis: The definition of "trademark use" in the US Langham Act

(1) According to Section 1127 of Title 15 of the United States Code, the "Use in Commerce" of a trademark on goods must meet the following requirements:

① Trademarks must be attached to goods, containers, packaging, labels, or related display materials;

② The goods need to be actually sold or transported in interstate or international trade.

(2) Key points:

Merely designing the packaging/label itself is not sufficient, it must be proven that the packaging/label has been actually used for the circulation of goods (such as sold or transported goods).

2. USPTO review criteria

(1) Actual use (Section 1 (a) application):

The applicant needs to submit a 'Specimen' to prove that the trademark has been used in commerce.

Packaging/labeling as a sample for use: acceptable, but must display:

① The trademark is clearly attached to the packaging/label (such as bottle stickers, packaging boxes);

② This packaging/label has been used for actual sales of goods (e.g. a label with product information attached to the bottle and actually sold).

(2) Common reasons for rejection:

① Only provide design drawings of "blank labels" for unattached products;

② The packaging/label is not circulated together with the product (such as only for samples or advertising).

(3) Intended use (Section 1 (b) application):

If the packaging/label has not yet been put into the market, an "intended use" application can be submitted first, and evidence can be provided after actual use.

3.USPTO Guidelines

TMEP (Trademark Examination Procedure Manual) Guide § 904.03:Explicitly accept packaging/labels as usage samples, but must reflect the "relevance to the product" (such as barcodes, ingredient lists, usage instructions).

4. Practical suggestions

(1) The key to successful registration:

① Actual circulation evidence:

Provide sales invoices, logistics documents, or physical photos of the goods to prove that the packaging/labels have been used for market circulation.

② Sample requirements for use:

The label/packaging should include product information (such as model, ingredients);

Avoid purely decorative designs (which should reflect the function of identifying the source of the trademark).

(2) Risk Warning:

① If only packaging design drawings are submitted without sales records, USPTO will consider it "unused" and may reject the application.

② Suggest applying for reserved trademark rights through Section 1 (b) and submitting evidence of use after the product is launched.

3、 Summary

1. Only used for packaging/labeling can constitute trademark use and registration. But it must meet the following requirements:

① The packaging/label has actually been attached to the product;

② The product has been sold or transported in interstate/international trade.

2. If not put into the market:

Select the 'Intended Use' application and submit evidence of use within 6 months (extendable to 3 years).

That's all for today's content sharing

If you have any other questions regarding intellectual property rights

Feel free to leave us a message anytime, and we will continue to answer your questions~~~