Affixation Requirement (Trademark) Law and Legal Definition

Affixation requirement is one of the elements that must be present in order to demonstrate that a mark is used in commerce. It is the fundamental requirement for the acquisition of rights in a mark. When a trademark is to be affixed to goods the mark should ideally be either placed on the goods themselves, or on their containers or attached tags or labels. The affixation requirement for goods can also be made if the mark is prominently featured on a conspicuous display associated with the goods. The mark can also be used on documents associated with the sale of the goods as a last resort. In case of service marks, it is supposed to be affixed if it is used in the sale or advertising of the services, as long as it is used in direct and explicit reference to the services provided.