question.jpgIn Trademarks

What is interstate commerce?

With regard to trademarks, the Lanham Act defines “commerce” as “all commerce which may lawfully be regulated by Congress.” (15 USC 1127). Congress can only regulate interstate commerce, which means that federal law only applies to trademarks used in connection with goods or services which are sold or advertised in more than one state. Thus, you can only seek federal registration of a trademark if you have used it, or intend to use it, in interstate commerce.