CFR

2.38—Use by predecessor or by related companies.

(a) If the first use of the mark was by a predecessor in title or by a related company ( sections 5 and 45 of the Act), and the use inures to the benefit of the applicant, the dates of first use ( §§ 2.34(a)(1) (ii) and (iii)) may be asserted with a statement that first use was by the predecessor in title or by the related company, as appropriate.

(b) If the mark is not in fact being used by the applicant but is being used by one or more related companies whose use inures to the benefit of the applicant under section 5 of the Act, such facts must be indicated in the application.

(c) The Office may require such details concerning the nature of the relationship and such proofs as may be necessary and appropriate for the purpose of showing that the use by related companies inures to the benefit of the applicant and does not affect the validity of the mark.

Code of Federal Regulations

(Sec. 5, 60 Stat. 429; 15 U.S.C. 1055 )

Code of Federal Regulations

[30 FR 13193, Oct. 16, 1965, as amended at 54 FR 37589, Sept. 11, 1989; 64 FR 48920, Sept. 8, 1999]

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