- Published: 11 June 2019 11 June 2019
By Jeffrey C. Norris, Partner, Standley Law Group LLP
As a Cincinnati Reds fan, I took notice of the Trademark Office rejecting a trademark application for CUBNOXIOUS on May 3, 2019. Ronald Mark Huber (Applicant) had filed a trademark application regarding his intent to use CUBNOXIOUS for shirts. The examining attorney did not initially find any likelihood of confusion with any other marks, and the application proceeded to the publication period, which allows for the public to oppose the registration of the mark. The Chicago Cubs Baseball Club, LLC, which owns the trademarks related to the Chicago Cubs, opposed the application.
For a first opposition ground, the Chicago Cubs Baseball Club, LLC (Opposer) alleged that Applicant did not have a bona fide intent to use the mark in commerce when he filed the application. The Appeal Board found that Applicant did not produce satisfactory evidence to show bona fide intent to use the mark at the time of filing, and that the evidence instead suggested that the application was filed merely to reserve a right for potential future use of the mark, which still had not been made. The Appeal Board therefore determined that the application was void ab initio.