Q: I'm a singer I want to apply for a trademark. I put upcoming local gigs on website is that interstate commerce?
Does the performance have to be out of state for it to be interstate commerce?
A:
Among other things, in order for a 'mark' to be trademark-able (or service mark-able), it must be in current use in interstate commerce. Anything on your website that promotes your 'mark' - whether or not your performances are in another state - is being used in interstate commerce, because the web is international in scope, not just throughout the U.S.
Hope this helps.
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A: What do you want to trademark? Perhaps another form of IP protection may suit you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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A: In order to register a trademark, the mark must be in "use." "Use" has a specific legal definition. You do not establish "use" by simply having an interstate gig. A qualified trademark attorney can take you through the steps of protecting a trademark.
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