[E-trademarks] First use

[Orvis]

What are the applied for goods and services?

Jan 22, 2024 8:09:13 PM Katherine Koenig via E-trademarks <e-trademarks at oppedahl-lists.com>:

> I have a client who is based in Australia, and I think I need a gut check on first use.  They sell products to a US distributor who sells in the US.  The AU company maintains control over the nature and quality of the goods.  The two entities are otherwise unrelated.
> 
> Would first use occur when the AU company sold and/or shipped branded products to the US distributor (located in the US), or when the US distributor made an in-commerce sale to US customer?  I’d think the sale to the US distributor would be sufficient, but something about the nature of the customer being a US distributor gave me pause.  The AU client calls them a “distributor,” but are they really just a customer who happens to resell the goods?
> 
> Best regards,
> 
> Katherine
> 
> Dr. Katherine Koenig
> /Registered Patent Attorney/
> Koenig IP Works, PLLC
> 2208 Mariner Dr.
> Fort Lauderdale, FL 33316
> (954) 903-1699
> katherine at koenigipworks.com
> 
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