It has long been the practice of certain brand owners to include more goods in a use-based trademark application or declaration than were actually being used.  That was typically innocent.  However, under Trademark Trial and Appeal Board (“TTAB”) precedent such as Medinol v. Neuro Vasx, Inc., 67 USPQ2d 1205, 1209 (T.T.A.B. 2003), over-claiming risked cancellation of the application and/or … Continue Reading