TTAB Rules Rebrand Announcement Not Trademark Use

In In re Everwise Credit Union, the Trademark Trial and Appeal Board upheld a USPTO reexamination ruling cancelling a registration for lack of use. The board found that public announcements of a planned rebrand did not meet the statutory requirement of actual use in commerce.

The decision clarifies the distinction between preparatory activities and bona fide use, requiring concrete evidence of sales or services under the mark. Practitioners note the ruling reinforces strict standards for maintaining registrations against challenges.

The precedential opinion provides guidance on what constitutes sufficient evidence in use-based proceedings. It aligns with ongoing USPTO efforts to combat nonuse and fraud on the register.

The case is expected to influence future TTAB and federal court analyses of use evidence in trademark matters.

Sources: http://thettablog.blogspot.com/2026/05/precedential-no-2-ttab-upholds-uspto.html https://eriseip.com/insights/whats-trending-in-trademarks-may-2026/