Fed. Cir. Permits Trademark Registration with “De Minimis” Sales: Christian Faith Fellowship v. Adidas

A unanimous Federal Circuit panel concluded that the sale of just two hats across state  lines will trigger the “use in commerce” provision for purposes of trademark registration.

A prerequisite for Federal trademark registration under the Lanham Act is “use in commerce.” But is there some minimum threshold, like “substantial use”?

Nope. The decision reviews Commerce Clause jurisprudence (including the infamous Wickard v. Filburn teaching case about a farmer growing wheat for personal use) and finds that even small sales are “part of an economic ‘class of activities’ that have a substantial effect on interstate commerce.” That’s all that’s required.

Meeting the “use in commerce” test for Federal trademark registration isn’t that difficult.