June 3, 2014

Even Without U.S. Use, Trademarks Can Be Upheld

In a precedent-setting case, the Trademark Trial and Appeals Board (TTAB) has rescinded a trademark even though the trademark holder doesn’t use that mark in the United States and has no plans to do so.

The case illustrates that the “misrepresentation as to source” provision of the Lanham Act can be a useful tool in some cases where it might otherwise appear to be a futile course of action.

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