37 CFR § 2.38 - Use by predecessor or by related companies.
---identifier: "/us/cfr/t37/s2.38"source: "ecfr"legal_status: "authoritative_unofficial"title: "37 CFR § 2.38 - Use by predecessor or by related companies."title_number: 37title_name: "Patents, Trademarks, and Copyrights"section_number: "2.38"section_name: "Use by predecessor or by related companies."chapter_name: "UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE"subchapter_number: "A"subchapter_name: "GENERAL"part_number: "2"part_name: "RULES OF PRACTICE IN TRADEMARK CASES"positive_law: falsecurrency: "2026-03-24"last_updated: "2026-03-24"format_version: "1.1.0"generator: "[email protected]"authority: "15 U.S.C. 1113, 1123; 35 U.S.C. 2; sec. 10, Pub. L. 112-29, 125 Stat. 284; Pub. L. 116-260, 134 Stat. 1182, unless otherwise noted. Sec. 2.99 also issued under secs. 16, 17, 60 Stat. 434; 15 U.S.C. 1066, 1067."regulatory_source: "30 FR 13193, Oct. 16, 1965, unless otherwise noted."cfr_part: "2"---
Identifier
/us/cfr/t37/s2.38
Currency
2026-03-24
Positive Law
No
Updated
2026-03-24
Chapter
United States Patent and Trademark Office, Department of Commerce
Authority
15 U.S.C. 1113, 1123; 35 U.S.C. 2; sec. 10, Pub. L. 112-29, 125 Stat. 284; Pub. L. 116-260, 134 Stat. 1182, unless otherwise noted. Sec. 2.99 also issued under secs. 16, 17, 60 Stat. 434; 15 U.S.C. 10... 15 U.S.C. 1113, 1123; 35 U.S.C. 2; sec. 10, Pub. L. 112-29, 125 Stat. 284; Pub. L. 116-260, 134 Stat. 1182, unless otherwise noted. Sec. 2.99 also issued under secs. 16, 17, 60 Stat. 434; 15 U.S.C. 1066, 1067.
# 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) 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.(Sec. 5, 60 Stat. 429; 15 U.S.C. 1055)[30 FR 13193, Oct. 16, 1965, as amended at 54 FR 37589, Sept. 11, 1989; 64 FR 48920, Sept. 8, 1999; 80 FR 2310, Jan. 16, 2015]