‘use in commerce’
The PTO has Overstepped its Statutory Authority in Refusing to Register Trademarks for Marijuana
Jun. 23, 2021—The title of this post is the key takeaway of a new article I have recently posted on SSRN: Robert A. Mikos, Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law, 75 Vand. L. Rev. __ (forthcoming January 2022). Here is the abstract: For decades, the United States Patent and Trademark Office (PTO) has...