[E-trademarks] the usual bad fact pattern where applicant and actual user have a fuzzy connection

[Carl Oppedahl]

[note from editor -- this sort of stuff seems to happen over and over again]


A listserv member asks to post anonymously:


An individual files for and obtains a US trademark registration in 2000 
for services.

An Inc. owned by the individual is formed in 2010 and starts using the 
mark in the registration for the services in the registration.

All subsequent renewal filings are still done in the name of the 
individual but the services are being rendered by the Inc., not the 
individual.

There was never a written license agreement in place between the 
individual and the Inc.

There is a potential dispute involving the registration.

Can the validity of the registration be attacked on grounds that the 
renewal filings were done in the name of the individual and not the Inc. 
when no written license agreement was in place?

If so, how can this be fixed?

A retroactive / /nunc pro tunc/ license agreement?

A retroactive / /nunc pro tunc /assignment?

Are there other problems that need to be fixed?
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