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Better late than never? Not if you want to avoid acquiescence!

The IPKat

In such a situation, the owner may not invalidate the later mark or take action against its use in respect of the goods or services for which the later trade mark has been used, unless registration of the later mark was applied for in bad faith (Art. He refused the offer, proposing a license agreement instead.

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Precedential No. 21: TTAB Orders Cancellation of OLD SCHOOL Registrations Due to Abandonment - Intent to Sell Mark Is Not Intent to Use

The TTABlog

In an exhaustive and exhausting opinion, the Board granted petitions to cancel two registration for the mark OLD SCHOOL for various clothing items, on the ground of abandonment. The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use.

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Overreaching and delay lead to defeat of TM owner's claims

43(B)log

For example (the details vary a little depending on defendant, but you get the picture): The STURGIS BIKE WEEK registration dates to 1997; defendants’ “Sturgis Motor Classic” came from 1997-98. It also stopped using “Officially Licensed Sturgis,” “Licensed Sturgis,” and “Authentic Sturgis.” apart from the mark as shown.”

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Journey Through “Marchs” on SpicyIP (2005 – Present)

SpicyIP

In 2009, Prof. Unending Compulsory Licensing (“CL”) Discussion: Reading SpicyIP old pages, I found this decade-old post called Compulsory Licensing is Not a Bad Word! discussing India’s first Compulsory License (“CL”). among others. Sai Vinod’s post can get you some intellectual relief. Perhaps not.