Pattishall IP Blog

May 12, 2009

Trademark applications filed by foreign entities may be void if applicant cannot document its intent to use

Filed under: TM Registration — Tags: , , — Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP @ 1:36 pm

Sanjiv Sarwate, trademark attorney, explains how trademark applications filed by foreign entities may be void if applicant cannot document its intent to use.

In Honda Motor Co., Ltd. v. Friedrich Winkelmann, the Trademark Trial and Appeal Board held that a trademark application by a foreign entity was void because the applicant could not document or otherwise prove it had a bona fide intent to use the mark in U.S. commerce at the time it filed the application.

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