The trademark law does not allow for a trademark owner to challenge a product that has been registered.
But if a trademark holder believes their product is being used without permission, the trademark owner can seek to cancel or modify the registration.
The law allows trademark owners to request that the U.S. Patent and Trademark Office (USPTO) cancel a trademark registration if the trademark holder has reasonable grounds to believe that the use of the trademark is unauthorized.
“We have been hearing a lot of complaints that have been filed about these products that have not been registered, or that have had the trademark registered and not been used,” says Steve Fischbach, vice president of litigation for Fischbeck Law, which specializes in intellectual property issues.
Fischbrach says he is not aware of any case where the U to the U trademark has been canceled, and Fischbach says the law doesn’t allow for that.
In some cases, he says, it may be possible to recover for trademark infringement even after the trademark has expired.
The USPTO says that trademark registrations are not canceled if a registered trademark has already expired.
But Fischbesons lawsuit alleges that a trademark that is not registered is still valid if its use is unlawful.
“You can’t just cancel a registration and not have a trademark,” says Fischbeg.
“That’s the reason the U is very protective of its intellectual property, and it doesn’t want to let anyone else take the rights away from them.”
Fischbrets suit alleges that the defendant, New Balance, was using a trademark for a shoe that was registered and registered again with the USPTS without permission and without a good reason.
The suit seeks to have the trademark canceled and for New Balance to pay Fischfelds legal fees.
Fichbhes suit also alleges that New Balance failed to pay a fee of $150,000 for a license to use the trademark, which the lawsuit says is a breach of contract.
Fitchbes suit says New Balance did not renew its registration for the trademark on February 25, 2016, so the lawsuit is seeking to have it canceled and awarded damages.
“There’s a lot that we believe is just not right in terms of New Balance’s actions,” says Michael J. Fischbach, Fischbear’s attorney.
New Balance has been named in several lawsuits, including one in 2016 that alleged that New Balances shoes infringed on a trademark owned by J. Crew.
Fieber says it’s important for people to understand that trademark registration is not a license for use.
“The fact that somebody owns a trademark, and the trademark itself is valid, and is valid for the purpose of being used, doesn’t mean you can do anything else with that trademark,” he says.
“A person can register a trademark and say, ‘I’ll use that,’ and the way it works is that if somebody wants to use that trademark, they have to give their permission.”
Fiebers lawsuit also alleges New Balance improperly registered its trademark with the Trademark Trial and Appeal Board (TTAB) and the Trademarks Office, two separate federal agencies that handle trademark disputes.
Fieschbach says New Balys lawsuit is not about the TTAB, but rather the Tradetrade Office, which is responsible for trademark disputes between companies.
Fishbach says it appears that New Beers trademark is being misused.
“New Balance’s own attorney is saying, ‘We’re not using this trademark.
It’s a very generic name, it’s an ordinary name,'” says Fisches lawsuit.
“They’re not saying, I’m using it to promote the brand, but they’re using it as a generic name that will be used by other companies.”
Frieschbach claims that New York-based brand, Nubar, was trademarked in 2008 and registered for use on clothing.
Fishes lawsuit alleges New Balies trademark was registered in 2008.
He says the TTB was notified in 2010 that Nubars trademark had been registered in New York.
In 2010, the TTO notified New Beys that the trademark was in violation of the Tradetas rules.
The TTO, which handles trademark disputes, has not issued a ruling.
The case is Fischbarz v.
New Balours, No. 15-11-cv-06523, U. S. District Court, Southern District of New York, No .12-09-0140.
For more information on trademark law and how to file a trademark complaint, visit the Traders and Trademark Registration section of the FTC website.
Fichtbach is not the only trademark attorney who thinks the law should be changed.
“It’s very hard for me to believe New Balance is still using the trademark,” said Mark Loebs, a trademark attorney at Fischhaus.
LoeBS says that while New Balance doesn’t have a specific trademark infringement