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Old 06-06-2007, 12:22 PM   #24
the_logos
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Join Date: Sep 2002
Location: Mill Valley, California
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It does not imply profit. It implies money trading hands for goods, or, as you say, barter. Non-profits engage in commerce all the time.

Pulling definitions from dictionaries is not helpful, incidentally, for arguments rooted in specific disciplines, since the specific meaning of words that are bound up in that discipline usually differs, often significantly, from usage outside of that discipline.

Not to my knowledge and google brings up no information that a short scan can find on such an exception in the US.

Can you cite?

In any case, one isn't needed since non-profits are free to engage in commerce.

Here's the relevant section of the USPTO rules on its own website. Of course, plain language on a website is no substitute for a lawyer's advice on a specific issue, so don't don't take this as gospel:
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"What is "use in commerce"?

For the purpose of obtaining federal registration, "commerce" means all commerce that the U.S. Congress may lawfully regulate; for example, interstate commerce or commerce between the U.S. and another country. "Use in commerce" must be a bona fide use of the mark in the ordinary course of trade, and not use simply made to reserve rights in the mark. Generally, acceptable use is as follows:

For goods: the mark must appear on the goods, the container for the goods, or displays associated with the goods, and the goods must be sold or transported in commerce.

For services: the mark must be used or displayed in the sale or advertising of the services, and the services must be rendered in commerce."
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--matt
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