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Precedential No. 11: Foreign Mark's Fame in US Plus ITU Application Provides Dilution Cause of Action, Says TTAB

In this case of first impression, the Board ruled that a foreign trademark owner who has filed an ITU application may rely on the fame of its mark in the United States to support a dilution claim in an opposition. In other words, although the TTAB does not recognize the "well known mark" or "famous foreign mark" doctrine as a basis for preventing registration by another, the fame of the foreign mark in this country may support a dilution claim, provided that the owner has filed an ITU application for the mark. Fiat Group Automobiles S.p.A. v. ISM, Inc., Opposition No. 91190607 (March 15, 2010) [precedential].Opposer filed an opposition to registration of the mark PANDA for automobiles, asserting lack of bona fide intent to use the mark, and dilution of Fiat's "internationally famous" marks FIAT PANDA and PANDA...continue to full post

Full post as published by The TTABlog on March 26, 2010 (boomark / email).