Intellectual Property Protection, Intent-to-Use, Trademark Litigation

Lack of Bona Fide Intent to Use Sends Alcohol Trademark Application Down the Drain

Fish & Richardson on 6/27/2025

In a recent precedential decision, the U.S. Trademark Trial and Appeal Board (TTAB) upheld an opposition by Tequila Cuadra S. de RL de CV (“Tequila Cuadra”) and denied an application filed by Manufacturera de Botas Cuadra,...more

ITU Applicants Beware: Federal Courts Have Jurisdiction Over Pending Trademark Applications

McDermott Will & Emery on 4/11/2024

The US Court of Appeals for the Ninth Circuit affirmed in part a district court’s ruling in a trademark dispute, upholding its decision to invalidate trademark applications. The Ninth Circuit held that district courts have...more

MarkIt to Market® - August 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 8/30/2021

The August 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Monster Energy's history of trademark disputes in the context of enhancing brand strength, tips for shortening the pendency of trademark filings...more

Intent-to-Use Applications: Pros and Cons

Rothwell, Figg, Ernst & Manbeck, P.C. on 3/29/2021

Owning a federal trademark registration provides the ability to exclude others from using a certain word or design in association with specific goods or services. In the United States this exclusivity of rights, however, can...more

The Curse of Shoeless Joe Continues: TTAB Finds White Sox Fan Lacked Bona Fide Intent-To-Use

Hogan Lovells on 4/15/2019

For any baseball fans already preparing to capitalize when their favorite team wins their next World Series game, you may strike out before getting up to bat at the Trademark Trial and Appeal Board (“TTAB”) in the United...more

Amarillo Natives Hold San Diego Padres’ Double A Affiliate Team Name Hostage

Weintraub Tobin on 11/21/2018

The San Diego Padres recently took control of the Amarillo minor league baseball organization. The organization will serve at the Padres’ Double A affiliate. In the spirit of new beginnings, the organization recently held a...more

Dreaming Big: Broad Trademark Protection Requires an Actual Bona Fide Intent to Use

Baker Donelson on 3/24/2017

Trademark owners applying for “intent to use” applications risk loss of trademark rights if the identification of goods services in the intent to use application is broader than the actual intended use of the mark. Brand...more

Intellectual Property Protection › Intent-to-Use › Trademark Litigation