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

[Edward Timberlake]

Admittedly every situation is different (perhaps your client is in the
prototype and evaluation business), but at first glance words like
"prototype" and "evaluation" don't exactly scream "regular course of trade."


Sincerely,

Ed Timberlake
*Board Certified Specialist in Trademark Law
<https://www.nclawspecialists.gov/for-the-public/find-a-board-certified-specialist/results/detail/?id=29473>*

*Timberlake Law* <http://timberlakelaw.com/>
Chapel Hill, NC

Schedule a call on Clarity <https://clarity.fm/edtimberlake>
ed at timberlakelaw.com
919.960.1950








On Mon, Dec 16, 2024 at 7:19 PM Judith S via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> 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
>
>
>
>
> --
> E-trademarks mailing list
> E-trademarks at oppedahl-lists.com
> http://oppedahl-lists.com/mailman/listinfo/e-trademarks_oppedahl-lists.com
>
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