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Unfriendly Shores? Recent Developments in U.S. Law May Trouble Foreign Trademark Owners

Fraud was a major topic of discussion at INTA Berlin after yesterday morning's presentation. Non-US attorneys and agents who may not fully understand the use-based trademark regime that exists in the United States, are trying to come to grips with the problem. And so it seems like a good time to re-post this article. A pdf version may be found here.Unfriendly Shores? Recent Developments in U.S. Law May Trouble Foreign Trademark Ownersby John L. Welch and Ann Lamport HammitteLowrie, Lando & Anastasi, LLPForeign trademark owners who seek registration in the United States may be troubled by several recent developments in American trademark law. The Trademark Trial and Appeal Board?s current fraud jurisprudence holds an applicant or registrant strictly responsible for false statements made to the United States Patent and Trademark Office (USPTO) regarding use of its mark on the goods and services involved, with very little room for error or innocence...continue to full post

Full post as published by The TTABlog on May 20, 2008 (boomark / email).