Compagnie Gervais Danone v. Precision Formulations, LLC
Trademark Trial and Appeal Board
98 U.S.P.Q.2d 1251 (2009)
Danone (defendant) filed a trademark application in France on December 6, 2006, which was registered in France and received international registration on May 22, 2007, the same day Danone applied to extend that registration to the United States; Precision Formulations (plaintiff) had filed a U.S. intent-to-use application for a confusingly similar mark on February 21, 2007, after Danone's French filing but before Danone's U.S. extension application. Danone opposed Precision's application, claiming priority, and moved for summary judgment.
Whether a trademark applicant holding an international registration may claim a date of priority for constructive use of its mark in the United States as of the date of its initial application in the foreign jurisdiction.