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Precedential No. 22: TTAB Grants Petition to Cancel CHENOA FUND Registration for Mortgage Services Due to Non-Ownership

The TTABlog

TMRR created the mark CHENOA FUND and the logo. In 2013 the parties signed a Management Services Agreement (MSA) to provide the program, and Petitioner CBC Mortgage was formed pursuant to the MSA. An application filed by one who is not the owner of the mark is a "void application." of Veterinary Sports Med. & Rehab.

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TM co-owner can't challenge uses authorized by other co-owners (bonus Lexmark reasoning)

43(B)log

The Giant agreement provided that the service mark “JADE” would be held exclusively by the Jade Group, that at no time would more than one member of the Jade Group appear on a non-Jade Group recording, and that no additional members would be added to the Jade Group without Giant’s consent.