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TTAB Enters Summary Judgment: Applicant Lacked Bona Fide Intent to Use "FEAR THE FRIARS" for Clothing

Applicant's lack of documentary evidence to support his claim of bona fide intent to use the mark FEAR THE FRIARS for various clothing items, and his inability to point to other evidence that would explain or outweigh his non-documentation, led the Board to grant the summary judgment motion of Opposer Padres, L.P. and to deem the application void ab initio. Padres L.P. v. Rene Galvan Munoz,Opposition No. 91187852 (April 15, 2010) [not precedential].Opposer Padres asserted that Applicant Munoz's written discovery responses established a prima facie case of lack of bona fide intent, and that Munoz's statements of subjective intention were insufficient to overcome Opposer's case. Munoz claimed that he did not "publish" any of his thoughts regarding his products in order to avoid any trademark infringement actions until he obtained a registration...continue to full post

Full post as published by The TTABlog on April 27, 2010 (boomark / email).