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Understanding the Use in Commerce Requirement


Trademark law plays a vital role in protecting the distinctiveness and reputation of brands and businesses. One crucial aspect of trademark protection is the requirement of "use in commerce," which ensures that trademarks are utilized genuinely and consistently in the marketplace. In this blog post, we will explore the concept of "use in commerce" and delve into a significant case that sheds light on its application - Christian Faith Fellowship Church v. Adidas AG, 841 F.3d 986 (Fed. Cir. 2016).

The Use in Commerce Requirement

In the United States, for a trademark to be registered and protected under the Lanham Act (also known as the Trademark Act of 1946), it must meet certain prerequisites, one of which is "use in commerce." This requirement, as stipulated in Section 1(a) of the Lanham Act, mandates that a trademark must be used in commerce to identify and distinguish the goods or services of the owner.

The purpose of the "use in commerce" requirement is several. First, it ensures that only genuinely utilized trademarks receive the legal benefits of registration and protection. Second, it safeguards against the stockpiling of unused trademarks, promoting a competitive marketplace and preventing potential abuse of the system.

Christian Faith Fellowship Church v. Adidas AG, 841 F.3d 986 (Fed. Cir. 2016)

Facts of the Case:

In the case of Christian Faith Fellowship Church v. Adidas AG, the Christian Faith Fellowship Church (CFFC) sought to register the mark "ADD A ZERO" for various goods, including various clothing items. Adidas opposed the registration, claiming that CFFC's mark was not used in commerce before their filing date.

Court's Analysis:

To assess the case, the Federal Circuit Court of Appeals carefully scrutinized the evidence presented by both parties regarding the "use in commerce" requirement. Adidas argued that CFFC did not genuinely use the "ADD A ZERO" mark in commerce for the specified goods at the time of the application.

In response, CFFC provided compelling evidence that it had used the "ADD A ZERO" mark in connection with several items. Specifically, CFFC introduced a cancelled check for the sale of two "ADD A ZERO"-marked hats for $38.34 in February 2005, before the filing date of its trademarks.

The Court further emphasized that the "use in commerce" requirement, as defined by the Lanham Act, is commerce that Congress can regulate. After citation to prior precedent holding that even intrastate sales of goods can constitute "use in commerce," the Court held that as applied to CFFC, the Church's sale of two “ADD A ZERO”-marked hats to an out-of-state resident is regulable by Congress under the Commerce Clause and, therefore, constitutes "use in commerce" under the Lanham Act.

This finding was significant as it clarified that the "use in commerce" requirement encompasses a broader scope than just interstate transactions. It provided guidance to trademark owners that their mark's use, even within a single state but involving transactions with out-of-state parties, could still satisfy the "use in commerce" prerequisite for trademark registration and protection.

The Decision:

Based on the evidence presented and the understanding of the "use in commerce" requirement, the Federal Circuit Court of Appeals concluded that CFFC had made sufficient use of the "ADD A ZERO" mark in commerce for its listed goods. As a result, the Court ruled in favor of CFFC, and reversed and remanded the case. The Court's clarification regarding the application of "use in commerce" within the Lanham Act was a pivotal aspect of their decision.


Christian Faith Fellowship Church v. Adidas AG not only serves as an essential reminder of the significance of the "use in commerce" requirement in trademark law but also provides a broader understanding of its scope. The case highlights that businesses and trademark owners can meet the "use in commerce" standard through both interstate and intrastate transactions. Demonstrating consistent and genuine use of the mark in commerce, regardless of geographical boundaries, is crucial for gaining trademark protection. By meeting this requirement, businesses can safeguard their trademarks, enhance brand recognition, and build a strong reputation in the marketplace.


Trademark law's "use in commerce" requirement is a fundamental aspect of securing and maintaining trademark protection. The case of Christian Faith Fellowship Church v. Adidas AG exemplifies the necessity of genuine use in commerce to claim trademark rights successfully. As businesses and individuals seek to protect their brands, understanding and adhering to this requirement is paramount. By doing so, they can safeguard their trademarks, enhance brand recognition, and build a strong reputation in the marketplace. Furthermore, the case's clarification on the scope of "use in commerce" provides trademark owners with valuable insights, enabling them to navigate the complexities of trademark law effectively.


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