Understanding the TTAB Decision on SMART LOCK: The Importance of Accurate Trademark Applications

In a recent decision by the Trademark Trial and Appeal Board (TTAB), two registrations for the mark “SMART LOCK” were removed from the trademark registry due to improperly identified goods in the registration certificates. This proceeding highlights the critical importance of accurately preparing and submitting trademark applications. Below, we break down the decision, the issue at hand, and the key takeaway for trademark applicants.

The Decision

The TTAB was tasked with reviewing two expungement proceedings related to the “SMART LOCK” trademark registrations. These proceedings were initiated because the goods listed in the registration certificates did not match the actual goods used in commerce by the registrant. After a thorough review, the TTAB determined that the registrant had not used the “SMART LOCK” trademark in connection with the goods as specified in the application and registration.

As a result, the TTAB ruled in favor of expungement, removing the “SMART LOCK” registrations from the trademark registry. This decision demonstrates that even if a trademark is successfully registered, it can still be vulnerable to removal if the goods or services listed in the application are inaccurately identified.

The Issue

The core issue in this proceeding was the improper identification of goods associated with the “SMART LOCK” trademark. The goods specified in the registration certificates were not the same goods the registrant used in commerce. This discrepancy ultimately led to the expungement of the trademarks from the registry.

This proceeding reminds us that identifying goods or services in a trademark application is not just a formality. A mismatch between the listed goods and the goods actually in use can lead to severe consequences, including the cancellation of a registered trademark.

The Takeaway

The key lesson from this TTAB decision is the importance of ensuring that trademark applications accurately reflect the goods or services to which the mark will apply. If the identification of goods or services is incorrect, a trademark registration may not only face refusal during the application process but may also be vulnerable to future expungement proceedings, as seen in the “SMART LOCK” case.

To avoid such risks, applicants must work with experienced trademark counsel. An experienced attorney can guide applicants through the complex process, ensuring that the identification of goods or services is properly aligned with actual commercial use. This can prevent costly issues down the road and protect the integrity of the trademark registration.

By focusing on accurate preparation and seeking professional guidance, businesses can safeguard their trademarks and avoid the pitfalls that led to the expungement of the “SMART LOCK” registrations.

https://tsdr.uspto.gov/caseviewer/pdf?caseId=87218696&docIndex=0&searchprefix=sn#docIndex=0