Sanders v. American forests

Barbara Sanders ("Sanders"), pro se, filed an intent-to-use application pursuant to 15 U.S.C. § 1051(b) (1994) seeking United States registration of the mark LEAF RELEAF & Design. Sanders intended to use the mark in conjunction with the "leaf-bagging equipment" produced by her husband, Stephen Sanders. American Forests filed an opposition against Sanders application. In light of the opposition, the Trademark Trial and Appeal Board ("the Board") held that the application was void ab initio because Sanders failed to prove a bona fide intent to use the mark herself, and thus the application was not filed in the name of the true owner. See American Forests v. Barbara Sanders, Opposition No. 89,370 (TTAB September 23, 1999). Sanders appeals the Boards decision. Because Sanders has not shown that the Board erred, we affirm.