The Federal Circuit: Lexmark Governs Standing For Trademark Cancellation Proceedings

On October 27, 2020, the Federal Circuit affirmed a U.S. Trademark Trial and Appeal Board (“TTAB”) decision canceling Corcamore, LLC’s registration for the mark SPROUT. More specifically, the Federal Circuit concluded that the TTAB correctly found that the challenger to Corcamore’s registration had standing, even though the TTAB applied the incorrect legal standard, and that the TTAB did not abuse its discretion in imposing a default judgment against Corcamore as a sanction for Corcamore’s...
By: Fox Rothschild LLP

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