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... t-shirts out of its bookstore located in the basement. The Board held that the Church’s documented sale of two marked hats to an out-of-state resident were de minimis and therefore did not constitute use of the marks in commerce under the Lanham Act. “Use in commerce” is a prerequisite for U.S. federal registration of a trademark for a domestic applicant. The Church is located only several miles from the Illinois-Wisconsin border, the Church’s parishioners include both Illinois and Wisconsin residents....

... connection with the services. However, unlike, for example, Canada, surprisingly there has not been a significant case that directly has addressed whether the offering of a service, without the actual provision of a service, is sufficient to constitute use in commerce under Lanham Act. CAFC acknowledged that. CAFC agreed with the TTAB’s literal reading of the law that actual rendering of a service is required. The significance of this decision may be going beyond the filing of applications. Some ...