Redisar Ltd. v. Virgin Enterprises, - (1995) p.209

ISSUE

What does "used" mean?

RATIONAL

WHen look at ITU you get bnenefit of initial date unless 1057(c)(1) someone says "I have used the mark" prior to the date of filing the ITU. Then they can oppose the constructive date.

Used means If congress wanted to limit use to use in commerce they would have said so.

NOTES

Using in advertising is not sufficient use to register, but is sufficient to oppose intent to use

Created on: Thursday, January 27, 2000 at 18:49:34 (PST)