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TTAB Finds Service Mark Application Void ab initio for Non-Use Because Services Were Not Rendered Prior to Filing

When an applicant files a use-based application but has not used the mark for any of the identified goods or services, the application is void ab initio. There's no need for the adversary to jump through the fraud hoops: intent doesn't matter. Here, the question was whether PLMIC had used its service mark prior to filing its application. The Board said no: PLMIC may have been "ready, willing, and able" to render the services, but it didn't do so before the filing date. Parametric Technology Corporation v. PLMIC, LLC, Opposition No. 91174641 and PLMIC, LLC v. Parametric Technology Corporation, Opposition No. 91177168 (February 12, 2010) [not precedential].In this consolidated proceeding,Parametric attempted to raise a fraud claim but failed to plead it with the requisite particularity...continue to full post

Full post as published by The TTABlog on February 16, 2010 (boomark / email).