M.Z. Berger & Co., Inc. v. Swatch AG
United States Court of Appeals for the Federal Circuit
787 F.3d 1368 (2015)
Watch manufacturer M.Z. Berger & Co. (Berger) (defendant) filed an intent-to-use trademark application for "iWatch" covering watches, clocks, and accessories; competitor Swatch AG (Swatch) (plaintiff) opposed the application, arguing both confusing similarity to its own "Swatch" mark and that Berger lacked any genuine intent to actually use the mark. The Trademark Trial and Appeal Board (board) found Berger's employees gave conflicting, inconsistent testimony with no concrete plans for products bearing the mark, sustained Swatch's opposition on the lack-of-intent ground, and Berger appealed.
Whether an intent-to-use trademark application will only be granted if the applicant at the time of the application has a bona fide, firm intent to use the mark in commerce and such intent can be demonstrated through objective evidence.