TTAB Nike Ruling Underscores Intent-to-Use Filing Risks

In a May 29 decision highlighted in recent coverage, the Trademark Trial and Appeal Board sustained Nike Inc.'s opposition to Blue Ribbon Team's intent-to-use application for BLUE RIBBON TEAM & Design for online retail services. The Board found the applicant lacked a bona fide intent to use the mark in commerce when filing in December 2019.

Nike opposed on grounds including its common-law rights in BLUE RIBBON SPORTS, its former name, and the applicant's failure to demonstrate concrete plans. The applicant produced no documentation of business setup steps and had limited relevant experience. The Board rejected arguments that proceedings could be awaited before advancing the venture.

The ruling reinforces that Section 1(b) applications require genuine intent at filing and cannot serve to reserve speculative rights. The Board did not reach Nike's likelihood-of-confusion claim.

Sources: https://www.law360.com/articles/2515473/ttab-s-nike-ruling-highlights-trademark-filing-pitfalls https://www.sternekessler.com/news-insights/insights/no-blue-ribbon-for-reserving-trademark-rights-ttab-reaffirms-bona-fide-itu-requirement/