Continuing a recent trend of toughening its position on fraud, the Trademark Trial and Appeal Board ('TTAB') has cancelled yet another registration because the registrant had failed to use the mark on every good for which it was registered.
TTAB Disregards Subjective Intent Element
Continuing a recent trend of toughening its position on fraud, the Trademark Trial and Appeal Board ('TTAB') has cancelled yet another registration because the registrant had failed to use the mark on every good for which it was registered. <i>Hachette Filipacchi Presse v. Elle Belle, LLC,</i> Cancellation No. 92042991 (T.T.A.B. April 9, 2007). This case is the second precedential decision this year in which the TTAB has cancelled a registration as fraudulently obtained because of overly broad claims regarding use of the mark. <i>See also Hurley Int'l LLC v. Volta,</i> 82 U.S.P.Q.2d 1339 (T.T.A.B. 2007).
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Jennifer Lee Taylor And Lindsay Traylor BraunigThis premium content is locked for The Intellectual Property Strategist subscribers only
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