TTAB Cancels Everwise Credit Union Mark Over Token Use

The Trademark Trial and Appeal Board has issued a precedential ruling in In re: Everwise Credit Union, canceling the registration for the mark "Everwise Credit Union" due to insufficient evidence of actual use in commerce. The decision underscores the strict requirements for statements of use and warns practitioners against relying on token or sham transactions to meet filing deadlines.

The Board found that the credit union's evidence, including a single transaction and related documentation, did not establish the required bona fide use. This outcome serves as a reminder that marks must be used in the ordinary course of trade, not merely to preserve registration rights.

The ruling comes at a time when the USPTO continues to scrutinize filings for compliance with use requirements. Practitioners filing or defending statements of use are advised to maintain comprehensive records demonstrating genuine commercial activity.

The decision is expected to influence future TTAB proceedings involving similar token-use allegations and may prompt increased challenges to registrations supported by minimal evidence.

Sources: https://www.law360.com/articles/2487012/ttab-s-everwise-decision-highlights-token-use-pitfalls https://content.govdelivery.com/accounts/USPTO/bulletins/41c2728