[E-trademarks] Sales to Resellers?

[Daniel Kegan]

Sale to wholeseller should suffice for Congressional commerce.
Does title actually change?

A few jurisdicions can issue a tm registratin in a week or so; is the buyer requiring a USA registration?
Amazon itself might accept any issued registration.


Daniel Kegan
dKegan at BhhLawFirm.com
Baron Harris Healey
150 S  Wacker Dr #2400
Chicago IL 60606
847-452-2599



On Oct 13, 2025, at 1:46 PM, David Lizerbram via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:


Client has created a consumer product. The trademark application has received an NOA. Client has contracted with, and made sales to, a reseller who will distribute the goods through Amazon. The reseller is requiring client to have a trademark registration prior to being able to make Amazon sales (I'm leaving some details out here; assume this part is not negotiable).

Of course the issue here is whether sales across state lines to a reseller satisfy the "use in interstate commerce" requirement. My position is that only sales to the end consumers satisfies the requirement, and I can't find any examples to the contrary. But just to cover all of my bases, I thought I'd ask the list.

The alternative is for the client to spin up a web store, make some sales, and then the problem will have been solved. So if that's what they have to do, they will.

Best,
David

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