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Failure to File Section 8 Declaration of Use Does Not Negate Evidence of Intent Not to Abandon Mark

By on April 19, 2010 in Abandonment, Intent to Use, Renewal, Section 8 Declaration, Trademarks

In THE CRASH DUMMY MOVIE, LLC v. MATTEL, INC. (CAFC 2009-1239, April 16, 2010), the Federal Circuit found that Mattel’s failure to file a timely Section 8 declaration of use did not negate Mattel’s intent to resume its use of the mark. Mattel, via its predecessor in interest Tyco, had registered the mark CRASH DUMMIES [...]

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BLACK MAIL refused for Lack of Proof of Bone Fide Intent to Use the Mark

By on February 2, 2010 in Intent to Use, Opposition, Trademark Registration, Trademarks

Research in Motion Limited (“RIM”), well known owner of the BLACKBERRY mark, opposed the registration of the mark BLACK MAIL by the NBOR Corporation (“NBOR”). Research In Motion Limited v. NBOR Corporation, Opposition No. 91179284 to application Serial No. 77090059 filed on January 24, 2007. Applicant filed the mark BLACK MAIL for: “computer software for [...]

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