Perspective
Aug. 3, 2013
Foreign marks vulnerable in US
In fact, most U.S. trademark registrations of foreign nationals are probably vulnerable because they either did not have, or cannot show they had, the required intent at the time of application. By RJ Heher
"Cancellable? Unenforceable? Why?" This is likely to be the reaction of most foreign owners of U.S. trademark applications and registrations, and of many of their U.S. counsel, when challenged by claims that the owner lacked documentary, or other objective evidence, of a bona fide intent to use a mark in U.S. commerce at the time its application was filed.
Foreign trademark owners frequently apply to register marks under Section 44...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In