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Expert Analysis

Let's Eliminate 'Ongoing Efforts' Requirement For Trademarks

Law360, New York (May 21, 2014, 6:58 PM EDT) -- As reported recently in Law360, there has been a rash of recent rulings from the Trademark Trial and Appeal Board holding that the lack of documentary evidence of a bona fide intent to use a mark may be used as evidence of lack of such an intent. It may be only a matter of time before the TTAB takes a similar position in cancellation actions regarding proof of a then-applicant's "ongoing efforts" to use a mark during the notice of allowance period under Trademark Rule 2.89(d) and holds that the absence of documentary evidence of such ongoing efforts is evidence of a lack of continued bona fide intent to use the mark....

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