Bonafide Intent Proven (11/27/16): Today, Mark C. Johnson, Esq., was able to successfully defend an opposition proceeding brought against his client, Dr. Kenneth Beer, who is a renown and highly regarded dermatologist (http://www.palmbeachcosmetic.com/) (https://www.facebook.com/Beer-Dermatology-350427513612/?ref=ts). Ironically, the challenge was brought by a California-based entity named, Robert E. Beer, M.D., Inc (“Opposer”). The Opposer challenged the registration of Dr. Beer’s trademark, DERMNOW, under three alleged bases (likelihood of confusion, improper ownership, and lack of a bona fide intent). Two of the bases (likelihood of confusion and improper ownership) were dismissed by the Trademark Trial and Appeal Board (“Board”) early in the proceeding, leaving only the alleged lack of a bona fide intent issue to be tried. Ultimately, the Board found in Dr. Beer’s favor, finding the credible, clear, and uncontradicted “evidence as a whole support[ed] a finding that [Dr. Beer] had a bona fide intent to use the mark DERMNOW at the time he filed his application.” Congratulations to Dr. Beer and his team, and please join us in wishing him much success in this and all other endeavors.
A copy of the Board’s Final Decision, which was authored by Judges Quinn, Ritchie, and Shaw, can be found here http://ttabvue.uspto.gov/ttabvue/v?pno=91218552&pty=OPP&eno=34.