⁍ An Australian condom company could seek to cancel a U.S. competitor’s registration of the brand name ‘Naked’
In a 2-1 decision, the U.S. Court of Appeals for the Federal Circuit said Australian Therapeutic Supply Pty could initiate an administrative proceeding to cancel Naked TM LLC’s rights to ‘Naked’ in the U.S. market.
– An Australian condom company can legally challenge a US company’s trademark of the name “Naked,” the US Court of Appeals for the Federal Circuit ruled Tuesday. In a 2-1 decision, the court said Australian Therapeutic Supply Pty could initiate an administrative proceeding to cancel Naked TM LLC’s rights to the “Naked” trademark in the US market, Westlaw Today reports. The ruling was a blow to Naked, which had tried to trademark the name in the US and had argued that the Australian company didn’t have the standing to challenge it. The court said the US Patent and Trademark Office didn’t have the authority to block Naked’s registration of the name, the Wall Street Journal reports.
Source: https://www.reuters.com/article/ip-trademark/fed-circuit-clarifies-ttab-standing-in-naked-condom-dispute-idUSL2N2EY257