In re Societe d'Exploitation de la Marque le Fouquets
Trademark Trial and Appeal Board
67 U.S.P.Q.2d 1784 (2003)
Le Fouquet (Fouquet) (plaintiff), which had registered "FOUQUET'S" in France in 1990 for a 10-year term, filed a 1991 U.S. application relying on Section 44(d)'s foreign-registration priority provision; proceedings were suspended until 2001, when the Examining Attorney found the French registration had expired in 2000 and requested evidence of renewal before proceeding with U.S. registration. Fouquet appealed, arguing no additional evidence should be required to show the mark remained registered abroad.
Whether an applicant relying on Section 44 of the Trademark Act must provide evidence that its underlying foreign registration is still active at the time its U.S. application is processed, when that foreign registration has since expired.