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- If youve seen any of my previous videos about trademarks, youve likely heard me say, that you have to be using a trademark in commerce before it can be registered with the USPTO. But what exactly does that mean to use a trademark in commerce? Im gonna explain to you what it means to use the trademark in commerce, how to determine your date of first use of a trademark, what can happen if you get that date of first use wrong, and how use in commerce can affect your trademark rights. Welcome to All Up In Yo Business. If you havent already subscribed, hit that subscribe button, and that little bell, so youll be notified every time I post a new video, and so you dont miss out on any more hot trademark tips. (upbeat music) (keyboard keys clicking) Hi, Im Aiden Durham, business and branding attorney with 180 Law Co in Colorado, and Ive helped hundreds of businesses secure and protect their trademarks. The number one most important thing to remember when it comes to trademarks, is