Holding that, in a cancellation proceeding, "an intent-to-use applicant prevails over any opposer who began using a similar mark after the intent-to-use filing date"
Finding that promotional use of a mark on “incidental products” like whiskey, pens, watches, sunglasses, and food did not constitute use of mark for cigarettes
Holding that limited sales of preexisting “Humble” branded oil with an explanation that these customers were receiving Exxon products were not sufficient to constitute “use” to avoid abandonment
Noting that while an application may be made for registration based on a bona fide intent to use the mark in commerce, actual commercial use must be shown before registration
Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"