The Bear Partnership and Wings Research and Development, S.r.L. v. Bear U.S.A., Inc.

The Bear Partnership and Wings Research and Development, S.r.L. v. Bear U.S.A., Inc.

T.T.A.B. (2004)

Fitzpatrick Successfully Defends Trademark Opposition to Bear U.S.A's Attempt to Register its mark BEAR

The Trademark Trial and Appeal Board dismissed oppositions against two trademark applications of Fitzpatrick client Bear U.S.A., Inc.,a manufacturer of parkas, jackets and other clothing products, which had filed applications to register the marks BEAR and BEAR & Design for its products. Bear has used these marks in interstate commerce since at least as early as 1993 and 1995/96, respectively. In dismissing the oppositions filed by The Bear Partnership and Wings Research & Development S.r.L., the Board held that the opposer’s “vague and general testimony” concerning its alleged prior use of the mark Bear Surf Boards & Design was “not definite enough to establish that opposer was using [its] mark on… clothing items prior to Bear’s priority date.”