Commodore Electronics Ltd. v. CBM Kabushiki Kaisha
Trademark Trial and Appeal Board
26 U.S.P.Q.2d 1503 (1993)
Relevant factsFree
CBM Kabushiki Kaisha (plaintiff) applied to register the mark "CBM," and Commodore Electronics (defendant) opposed the application, claiming Kaisha lacked a bona fide intent to actually use the mark commercially; Commodore sought to amend its opposition to add a claim based on the absence of documentary evidence of that intent, and Kaisha moved for summary judgment in case the amendment was allowed.
IssueFree
Whether, under the Trademark Act, the lack of documentary evidence of an applicant's bona fide intent automatically disqualifies the registration of a mark.