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Thomas B. James Esq.

Cokato, Minnesota attorney

Does use exclusively in one state satisfy the “use in commerce” requirement for a trademark?

By Tom James / May 3, 2026
A

Does use exclusively in one state satisfy the “use in commerce” requirement for a trademark?

Use in intrastate commerce can satisfy the “use in commerce” requirement for a common law trademark. To qualify for federal registration, however, use in intrastate commerce alone is not enough. There must also be use in interstate or foreign commerce.

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