TTAB considers assignments of intent-to-use applications

World Trademark Review Daily
September 2013

In a recent precedential opinion published by the Trademark Trial and Appeal Board, the Board examined a trademark assignment that was the means by which the Opposer obtained the mark it was attempting to assert. Rather than reach the ultimate question of likelihood of confusion, the Board ordered the asserted mark cancelled because of a faulty assignment to the current owner. The Board’s decision provides some useful caveats for trademark owners intent on using acquired trademarks as the basis for objecting to the trademark applications of others.

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