In a decision indicative of the recent trend to relax the previously stringent trademark user requirements, a Federal Regional Appellate Court overturned the Trademark Office's decision to cancel a registration for the trademark COTIA on the ground of non-use. The court held that, although a mark has not been used as a trademark or service mark in respect of the goods or services for which it is registered, the use of the mark as the distinctive portion of the registrant's corporate and/or trade name, when used in connection with commercial activities related to the registered goods or services, should be sufficient to defeat a cancellation action for non-use.

Although the court's rationale is not binding on the Trademark Office, it is hoped that the Registrar will adopt it in order to permit registrants to use a broader range of evidence with which to defend themselves against non-use cancellation actions.