Trademark renewal risks: lessons on declarations of continued use and fraud claims

By Perry J Viscounty, Jennifer L Barry, David D Troutman and Patrick C Justman

As In Re Bose Corp and its progeny have illustrated, trademark owners cannot assume that a registration should or will be renewed in its original form and scope as a matter of course

Rights holders might assume that the trademark renewal process will be simple and automatic. However, In Re Bose Corp and its progeny demonstrate that the path to renewal can be fraught with unexpected intricacies and risks. This article highlights principles to help rights holders navigate the potential pitfalls of the renewal process and offers insights about Bose’s difficulties with keeping its trademark registrations and technology current.

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