Intellectual Property Law

New Matter WINTER 2022, VOLUME 47, EDITION 4

TTAB DECISIONS AND DEVELOPMENTS

Jane Shay Wald
Irell & Manella LLP

If You Must Cede Control To Get Government Perks You Might Lose Trademark Rights, And That’s Just How It Works "Creating" A Mark Gives No Trademark Rights: Zero No Pride In Creation Converts You To Hero

The Board granted a petition for cancellation of the mark CHENOA FUND and design on the basis that the registrant never owned the registered trademark at issue. The Board struck down the mark as void ab initio.

The facts are strange, as is so often the case in Board matters. Here, Respondent is an entity that came up with a mortgage financing program to be run by a Native American tribe. Respondent’s managers claim to be "’thought and market leaders in providing down payment assistance to home buyers.’" It developed "a program to collaborate with a federal, state, or local government agency, namely, a federally recognized Indian tribe, to offer down payment assistance of single family homes that are financed through FHA-insured loans where the down payment would be provided by an agency or corporation of a federally-recognized Indian tribe." Respondent needed a Native American tribe participant in order to get government funding or backing for the loans it would extend.

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