Use and Abuse: Understanding Trademark Use Requirements and Fraud in the United States

Trademark protection in the United States is ultimately a “use-based” system, requiring that trademarks be “used in U.S. commerce” to establish fully protectable rights. However, the rise of international tourism, the globalizing marketplace, and the borderless Internet have all combined to present significant challenges in defining what “use in U.S. commerce” means.

Unfortunately, U.S. courts have been inconsistent in defining what actions constitute “use in U.S. commerce.” This creates challenges to foreign trademark owners who are required at certain times to submit sworn declarations that their marks are being used in U.S. commerce. Inaccurate statements in such declarations can lead to allegations of fraud, thereby jeopardizing the U.S. registrations and applications associated with those declarations. Nevertheless, foreign trademark owners can take certain steps to improve their chances of both avoiding “fraudulent” misstatements, and actually establishing “use in U.S. commerce” for their trademarks.

This webinar is the third of four in our 2010 “Strategic U.S. Patent and Trademark Series for European Counsel.”

Moderator:

Eric P. Raciti

Speakers:

B. Brett Heavner

Time:

16:00 CET

10:00 EST

Register:

Registration for all webinars is free of charge, simply register here.