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In re Societe d'Exploitation de la Marque le Fouquets

Trademark Trial and Appeal Board
67 U.S.P.Q.2d 1784 (2003)


In 1991, Le Fouquet (Fouquet) (plaintiff) filed an application to register the mark “FOUQUET’S” in the United States. Fouquet attempted to register the mark under section 44(d) of the Trademark Act (Section 44), 15 U.S.C. § 1126(d), because Fouquet had previously registered the mark in France in 1990 for a 10-year duration. The proceedings on the action were suspended until 2001. In July 2001, the Examining Attorney found that Fouquet’s foreign registration had expired in 2000, and requested evidence that the registration had been renewed before the mark could be registered in the United States. Fouquet appealed the request, claiming that additional materials were not required to show that the mark was still registered abroad.

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