37 C.F.R. § 2.69
Compliance with other laws
When the sale or transportation of any product for which registration of a trademark is sought is regulated under an Act of Congress, the Patent and Trademark Office may make appropriate inquiry as to compliance with such Act for the sole purpose of determining lawfulness of the commerce recited in the application.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2022–2024 · leading case: Jergenson v. Partnerships & Unincorporated Associations Identified in Schedule A (N.D. Ill. 2022).
Jergenson v. Partnerships & Unincorporated Associations Identified in Schedule A (N.D. Ill. 2022). “§ 1051 (3)(C) (to qualify for registration, a mark must be “in use in commerce”); 37 C.F.R. § 2.69 . When a trademark’s use in commerce isn’t lawful, it can be canceled.”
Vpr Brands, Lp v. Shenzhen Weiboli Tech. Co. Ltd. (Fed. Cir. 2024). “See Stellar, 1968 WL 8159 , at *4; see also 37 C.F.R. § 2.69 . Since then, the PTO has “consistently held that, to qualify for a federal [trademark] registration, the use of a mark in commerce must be lawful.”
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