TTAB Cautions Applicants: Change Of Conditions Or Circumstances Is Necessary To Excuse Application Of Res Judicata | Fox Rothschild LLP
On March 5, 2021, the U.S. Trademark Trial and Appeal Board (“ TTAB”) issued a precedential decision affirming refusal of SolarWindow Technologies, Inc.’s application to register the word mark POWERCOATINGS. The decision is a cautionary tale, for counsel and applicants alike, of the potential future ramifications of allowing an application to go abandoned following a TTAB decision if the applicant intends to continue using the mark and may consider filing a future trademark application for the mark in connection with the same goods or services. In 2014, SolarWindow filed an application ...
Source: jdsupra.com