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

Intellectual Property Law

: The TTABlog

TTAB Finds Fraud in Section 8 Declaration, Cancels Registration of Italian Wine Company

Granting Petitioner Sierra's cross-motion for summary judgment and sustaining its cancellation petition, the Board found that Registrant Montelvini S.p.A. committed fraud on the USPTO when it filed its Section 8 Declaration of Use. Registrant verified that its registered mark MONTELVINI VENEGAZZU & Design (shown below) was in use on "wines, spirits, and liqueurs," when in fact it was not in use on liqueurs. Sierra Sunrise Vineyards v. Montelvini S.p.A., Cancellation No. 92048154 (September 10, 2008) [not precedential].Montelvini's registration issued under Section 44(e), based on its Italian counterpart registration. When it came time to file the Section 8 Declaration, its US counsel inquired whether Respondent was still using the mark "in connection with the goods listed in the Certificate of Registration" and asked for two specimens of the mark as currently used in the U...continue to full post

Full post as published by The TTABlog on September 25, 2008 (boomark / email).