What is Interstate Commerce?
To secure a federal trademark you must be conducting business in Interstate Commerce. This means you must be (i) conducting business across state lines which means doing business in two or more states; or, (ii) conducting business internationally which means between at least one U.S. state and one foreign country. Additionally, simply having a web site is not generally considered “conducting business.” More appropriately, “conducting business” should be interpreted to mean making an actual sale of your good or service. Businesses such as local businesses who are not conducting business in Interstate Commerce should file for a state trademark because they are not yet eligible for a federal trademark. The one exception to this if you intend to conduct business in Interstate Commerce in the near future. In such instance, it may be appropriate to file an Intent to Use federal trademark application. Federal Intent to Use applications are effectively name reservations pending future use.
