It is well-established that, in general, for a trademark owner to have standing to assert rights in a mark in the United States, the mark must be in use in the United States.
TTAB Allows for Non-User to Oppose Trademark for Reputational Injury
In a recent case, although finding no standing in the case in front of it, a federal court noted that it was, however, possible that a nonuser could demonstrate entitlement to cancel or oppose by establishing either lost sales in the United States or reputational injury in the United States under the Lanham Act.
By
Nicole D. Galli and Laura Talley Geyer
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