Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

Guest Comment: Pamela Chestek on the TTAB's Bose v. Hexawave Ruling re "Use in Commerce"

By John L. Welch

In an April 9, 2008 ruling (here), the Board denied Opposer Bose Corporation's request for reconsideration of the decision of November 6, 2007 in Bose Corp. v. Hexawave, Inc., Opposition No. 91157315 [not precedential]. [TTABlogged here]. In that decision, the Board found that Bose had committed fraud when it renewed one of its trademark registrations because the alleged use of the subject mark consisted of transporting the goods back to their owners after repair. In a comment below (following the TTABlog summary of the case) Pamela S. Chestek provides her thoughts regarding the potentially far-reaching impact of the Board's ruling regarding "use in commerce."In its request for reconsideration, Bose argued that the Board had erred in holding that a trademark owner must "own" the goods at the time it transports them in commerce with the mark affixed in order to satisfy the "use in commerce" requirement of the Lanham Act...continue to full post

Full post as published by The TTABlog on April 16, 2008 (boomark / email).