37 C.F.R. § 2.38 Use by predecessor or by related companies.
Title 37 - Patents, Trademarks, and Copyrights
(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. (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]
Title 37: Patents, Trademarks, and Copyrights
PART 2—RULES OF PRACTICE IN TRADEMARK CASES
The Written Application
§ 2.38 Use by predecessor or by related companies.
