The US Patent and Trademark Office (“PTO”) has made effective as of February 17, 2017 a rule concerning the examination of affidavits or declarations of continued use or excusable nonuse filed under section 8 of the Trademark Act, or affidavits or declarations of use in commerce or excusable nonuse filed under section 71 of the…

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…

© 1994-2017 Intella IP - All Rights Reserved Worldwide