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...
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