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Supplement Seller’s B-7 Trademark Loss Affirmed by Fed. Cir.

Dec. 14, 2021, 9:03 PM

A South Korean nutritional supplement company correctly lost its BF-7 trademark registration because it falsely claimed it had rights to the mark at the time it applied for it, the Federal Circuit said Tuesday.

Sunbio Corp. failed to show sufficient ties to SmartNutri, the now-defunct company that produced the product packaging pictured in the example Sunbio submitted showing use of the mark, the U.S. Court of Appeals for the Federal Circuit said.

The court also rejected SunBio’s argument that it wasn’t on notice for the basis of Biogrand Co. Ltd.'s cancellation bid until too late during the Trademark Trial and ...