Tucson, AZ asked in Trademark for Arizona

Q: What constitutes "use in commerce" in videogame development?

If I am actively developing a video game for downloadable platforms, do I have to wait until I am actually selling my game to register my mark or is announcing the project/maintaining a web presence/updating a devblog enough to constitute "use"?

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2 Lawyer Answers
John Martin Hilla
John Martin Hilla
Answered
  • Trademarks Lawyer
  • Livonia, MI

A: No, it must be able to actually be purchased by end-users via Google Play, iTunes, or Android store, or other platform, in order to be "in use in interstate commerce."

It is possible to file an "intent to use" prior to this point, while you are in development. Please feel free to access my website through the link provided by Justia if you would like to discuss in detail.

Tania Maria Williams
Tania Maria Williams
PREMIUM
Answered
  • Trademarks Lawyer
  • West Palm Beach, FL

A: Filing an "intent to use" application allows you to preserve your "priority" while finishing development. Once development is finished and you've made the product available for purchase, you can then file a Statement of Use and convert the application to obtain the full registration. If you need further assistance, please feel free to email me at tania.williams@williamsfirmpa.com.

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