Reassessing The Use Exemption: Constitutional Tensions In The Lanham Act

Authors

Caleb NelsonFollow
Abigail PetersonFollow

Keywords

Use Exemption, Use Requirement, Trademark registration, Lanham Act, U.S. Trademark Law, Section 44 Applications, International Trademark Registration

Abstract

In today’s global economy, where new products and services are being created and marketed at an unprecedented rate, a fundamental inconsistency exists within U.S. trademark law. While domestic applicants in the United States are required to provide proof of use when applying for trademark registration, foreign applicants are statutorily exempt from providing evidence that they actually use their trademarks. This disparity, which has gone unaddressed for decades, puts small and mid-sized American businesses and individuals at a disadvantage to their foreign counterparts.

BYU ScholarsArchive Citation

Nelson, Caleb and Peterson, Abigail (2025) "Reassessing The Use Exemption: Constitutional Tensions In The Lanham Act," Brigham Young University Prelaw Review: Vol. 39, Article 5.
Available at: https://scholarsarchive.byu.edu/byuplr/vol39/iss1/5