trademark
How to establish first use in commerce?
<p>I recently learned that it's not the first person to register a mark that gets ownership, but rather the first person to actually use the mark in commerce that gets ownership.</p>

<p>So what's the best way to establish <em>first use in commerce</em> for an online business, like a blog, where the domain name of the blog is what needs to be registered?</p>

<p>For example if my blog is called <em>bloggd</em>, and the site is up and running, but someone else registers <em>bloggd</em> before I do, what is the best way to prove that I was using <em>bloggd</em> in commerce first?</p>

<p>The best way to establish <em>first use in commerce</em> is to register the mark ASAP after it is used in commerce with a description of its use. Short of that, images of metadata and sales records could be helpful.</p>

<p>But, a website is not a mark. </p>

<p>A mark is an image or phase or both in combination that acquires "secondary meaning" by becoming associated with a particular good or service for which the mark is not merely descriptive or generic. The word "Liquor" to describe an alcoholic beverage isn't a mark because it is descriptive. The word "Liquor" to describe bath soap or a front end loader, probably would be a potential mark.</p>
