Establishing "Use in Commerce" for a trademark can be tricky, as one hotel operator found
Registrant of a trademark for hotel services registered its marks based on "use in commerce," but the only use of the mark that was made at the time of filing was that the registrant had hired website and marketing consultants, made presentations at hospitality trade shows, and negotiated with a hotel company regarding possible collaboration … these activities may be use of the mark in commerce, but they ARE NOT use of the mark in commerce for hotel services. So the Board cancelled the registration on the basis of a fraudulent use in commerce claim. For more, click here.
Comment: A trademark registration can be found to be invalid if it was based on a false (or even mistaken) claimed date of first use, so it is critical that trademark applicants give due attention to the details associated with the registration of their trademarks. This vulnerability to cancellation will never disappear, and it may only be when a trademark owner tries to enforce its rights that a problem is discovered … which is obviously not a good time to find out your trademark registration is invalid.
