Trademark rights are territorial in nature. The general rule is that a brand owner must use its mark in the United States to obtain rights here, and the use of a mark abroad typically does not result in U.S. rights.
But what happens when a foreign brand is well known in the U.S. but not used here, and an opportunistic company registers an identical mark to trade on the reputation of the foreign brand in this country? That was the question before the Trademark Trial and Appeal Board (TTAB) at the United States Patent and Trademark Office (USPTO), a question the TTAB called a “matter of first impression.” Bayer Consumer Care AG v. Belmora LLC, Cancellation No. 92047741 (T.T.A.B. Apr. 17, 2014) (“Bayer II“).
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