Trademark law – Registration requires actual provision of services

Description

Abstract: Does simply offering a service, without actually providing it, trigger the federal “use in commerce” requirement to register a trademark? For the first time, the U.S. Court of Appeals for the Federal Circuit has addressed this common question. This article looks at the decision, which had a major impact on a registration dating back to 2009. Couture v. Playdom, Inc., No. 2014-1480, March 2, 2015 (Fed. Cir.) Aycock Engineering, Inc. v. Airflite, Inc., No. 2008-1154, March 30, 2009 (Fed. Cir.)