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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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