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Fish Forum Fish at the Podium

Fraud and "Bona Fide Intent To Use": The Impact of In re Bose and Honda v. Winkelmann on U.S. Trademark Registrations

Tuesday, October 6th, 2009

Fish Forum Fish at the Podium

Fraud and "Bona Fide Intent To Use": The Impact of In re Bose and Honda v. Winkelmann on U.S. Trademark Registrations

Tuesday, October 6th, 2009

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Important New Developments at the USPTO

In the landmark decision In re Bose, the Federal Circuit Court of Appeals overturned the Trademark Trial and Appeal Board’s (TTAB) controversial Medinol decision and reversed an order by the TTAB canceling the registration of the famous Bose WAVE trademark, setting a new standard for proving fraud.

In 2009, in another case involving intent, the TTAB in Honda v. Winkelmann shed new light on what is sufficient (and insufficient) to substantiate “bona fide intent to use” a mark in US commerce. These two cases represent significant developments in determining the intent of trademark applicants, often a crucial factor in whether registrations stand or fall, and thus have major implications for the way trademark owners register their marks and maintain those registrations in the United States.

These two cases represent significant developments in determining the intent of trademark applicants, often a crucial factor in whether registrations stand or fall, and thus have major implications for the way trademark owners register their marks and maintain those registrations in the United States.

Fish & Richardson represented the prevailing parties in both cases and presented in-depth analysis of the impact these cases have on U.S. trademark practice in a one-hour web seminar on October 6, 2009.

Speakers

  • Keith Barritt, Principal
  • Charles Hieken, Principal

The material covered during the seminar is for general informational and educational purposes only and should not be construed as legal advice. Attendance at the seminar is not intended to create an attorney-client relationship between you and Fish & Richardson, if one does not already exist.

Slide Presentation

Click here to view the PowerPoint Presentation.

Audio File

Click here to download the audio recording of the presentation.

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