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Precedential No. 46: Applicant Lacked Bona Fide Intent, TTAB Sustains "AQUAJETT" Opposition

Finding that Applicant lacked a bona fide intent to use its mark in commerce, the Board sustained an opposition to registration of AQUAJETT for "dental instruments, namely, oral irrigators." Applicant had no documentation to demonstrate the requisite bona fide intent, and neither its filing of a trademark application nor its "mere statement" that it intended to use the mark was probative evidence. SmithKline Beecham Corp. v. Omnisource DDS, LLC, Opposition No. 91178539 (November 29, 2010), redesignated as precedential (December 10, 2010).The Board drilled into the evidentiary record, finding major cavities: Applicant had "no plans relating to manufacture, licensing, marketing or use of the mark." The record was "devoid of any evidence such as manufacturing efforts, licensing efforts, test marketing, correspondence with prospective licensees, preparation of marketing plans or business plans, creation of labels, marketing or promotional materials, and the like...continue to full post

Full post as published by The TTABlog on December 14, 2010 (boomark / email).