Ninth Circuit Says District Court Properly Canceled Cannabis Trademark Applications for Lack of Bona Fide Intent to Use

  • Ninth Circuit Says District Court Properly Canceled Cannabis Trademark Applications for Lack of Bona Fide Intent to Use

    Posted by Gatherer  on April 2, 2024 at 9:24 PM

    On April 1, the U.S. Court of Appeals for the Ninth Circuit issued a ruling in BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc. affirming a lower court’s ruling that canceled trademark applications pending at the U.S. Patent and Trademark Office (USPTO). The Ninth Circuit panel majority determined that the district court had statutory authority to invalidate a trademark application for no bona fide intent to use over a dissent authored by U.S. Circuit Judge Patrick Bumatay, who argued that district courts lacked the authority to cancel trademarks before registration by the USPTO.

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    Gatherer  replied 1 week, 4 days ago 1 Member · 0 Replies
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