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Precedential No. 15: Finding No Evidence of Bona Fide Intent to Use Mark in US, TTAB Sustains Opposition to 44(e) Application

In an article that we penned early last year, entitled "Unfriendly Shores: Recent Developments in U.S. Law May Trouble Foreign Trademark Owners," Ann Lamport Hammitte and I asked whether, in light of a then-recent ruling on bona fide intent, the Board was about to open up Pandora's Box for foreign applicants and registrants. Herr Freidrich Winkelmann found out the answer to that question in connection with his Section 44(e) application (based on a German registration) to register the mark V.I.C. for vehicles. The Board ruled that he had failed to establish the requisite bona fide intent to use his mark in the USA, and so it sustained Honda's opposition on summary judgment. Honda Motor Co., Ltd. v. Friedrich Winkelmann, Opposition No. 91170552 (April 8...continue to full post

Full post as published by The TTABlog on April 10, 2009 (boomark / email).