[E-trademarks] Use in Commerce and Prototype Evaluation Contracts

[Judith S]

Hi All,

I have a small client with a trademark who has deployed two prototypes to
different evaluation customers. They are receiving payments, but the
customer does not own the set up. Is that sufficient use in commerce for a
product?

I think for software it would be, but I'm unsure whether it is enough for
hardware goods/services since no hardware was sold.  I'd appreciate any
input.

Judith
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