The Trademark Trial and Appeal Board (TTAB) has held that, in the absence of a fraud claim, as long as a mark was used on some of the identified goods or services as of the filing of the application, a use-based application is not void in its entirety even if the applicant did not use the mark on all of the identified goods or services. Thus, provided an application is still pending and provided there have been no allegations of fraud, it appears that a list of goods can be amended to prevent voiding the application in its entirety.
Trademark Board Clarifies Treatment of “Use” Applications Where Mark Not Used on All Identified Goods
