Trademark Trial and Appeal Board Electronic Filing System. htips://estta.uspto.gov
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`ESTTA Tracking number: ESTTA1527424
`Filing date: 03/27/2026
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding no.
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`92089228
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`Party Defendant
`Saab AB
`Correspondence MILENA S. MISHEV
`address GROSSMAN TUCKER PERREAULT & PFLEGER PLLC
`55 S. COMMERCIAL STREET
`MANCHESTER, NH 03101
`UNITED STATES
`Primary email: mmishev@gtpp.com
`Secondary email(s): mmcclelland@gtpp.com, jvining@gtpp.com, trade-
`marks@gtpp.com, sgrossman@gtpp.com
`603-668-6560
`Submission Scheduling Motions
`Motion to Suspend for Civil Action
`Filer's name Eric W. Lee
`Filer's email elee@bakerlaw.com, bhipdocket@bakerlaw.com, cldocketing@bakerlaw.com,
`jemontgomery@bakerlaw.com, rschrote@bakerlaw.com
`Signature /Eric W. Lee/
`Date 03/27/2026
`Attachments SKAPA TTAB Cancellation - Motion to Suspend.pdf(160948 bytes )
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`EXHIBIT A_.pdf(5289831 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Skapa Tech, Inc.,
`Petitioner, Cancellation No. 92089228
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`Registration No. 7582416
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`Saab AB,
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`Mark: SKAPA®
`Registrant.
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`SAAB’S MOTION TO SUSPEND PENDING OUTCOME OF CIVIL ACTION
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`Pursuant to 37 CFR § 2.117(a) and TBMP § 510.02(a), Registrant Saab AB (“Saab”)
`respectfully moves the Board for an Order suspending this cancellation proceeding initiated by
`Petitioner Skapa Tech, Inc. (“Skapa Tech”) pending the outcome of a related civil action between
`the parties styled Saab AB v. Skapa Tech, Inc. and filed in the United States District Court for the
`Southern District of California (“Civil Action”). The final determination of the Civil Action will
`have a bearing on the issues before the Board in this proceeding because the Civil Action seeks a
`declaration against cancellation of the same SKAPA® registration for which cancellation is sought
`in this proceeding, in addition to seeking a declaration that Saab’s use of the term “skapa” in
`“Skapa by Saab” does not infringe on Skapa Tech’s purported trademark rights. Saab therefore
`respectfully requests that the Board suspend this proceeding until the final determination of the
`Civil Action in the interest of judicial economy.
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`BACKGROUND
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`Saab is a global aerospace and defense company that develops, manufactures, and supplies
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`advanced systems, products, and services across the domains of aeronautics, land, naval, and
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`security for customers in more than 100 countries.
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`On November 29, 2023, Saab filed U.S. Trademark Application No. 98/289,789 to register
`the SKAPA® mark in connection with “[s]cientific and technological research and development
`in the fields of Al (artificial intelligence), autonomy, additive manufacturing, machine learning,
`defence and communications” in International Class 42. On May 21, 2024, Saab’s application was
`published in the Trademark Official Gazette, having received no refusal on the basis of likelihood
`of confusion or on any other basis. No person or entity filed any opposition or extension of time
`to oppose Saab’s application, and the application was allowed on July 16, 2024. On November 26,
`2024, the USPTO issued a registration certificate for the SKAPA® mark on the Principal Register
`as U.S. Trademark Registration No. 7,582,416.
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`After Saab had already applied for the SKAPA® mark, on January 19, 2024, Skapa Tech
`filed U.S. Trademark Application No. 98/365,953 to register its purported SKAPA mark. The
`USPTO refused registration on the basis of likelihood of confusion with Saab’s SKAPA® mark.
`Following this refusal, on August 13, 2025, Skapa Tech filed a Petition for Cancellation in this
`proceeding, seeking cancellation of Saab’s registration for the SKAPA® mark on the basis of
`alleged priority and likelihood of confusion with its purported common law rights in the SKAPA
`mark. Skapa Tech also separately objected to Saab’s use of the term “skapa” in “Skapa by Saab,”
`an innovation and technology incubator operated by Saab.
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`Given Skapa Tech’s initiation of this cancellation proceeding and its objections to Saab’s
`use of the term “skapa,” on March 27, 2026, Saab filed the Civil Action against Skapa Tech in the
`United States District Court for the Southern District of California seeking (1) declaratory
`judgment of non-infringement of Skapa Tech’s purported SKAPA mark, and (2) declaratory
`judgment of validity and enforceability of Saab’s U.S. Trademark Registration No. 7,582,416 for
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`the SKAPA® mark and denying cancellation of that registration. A true and complete copy of
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`Saab’s Complaint in the Civil Action is attached as Exhibit A. The relief Saab seeks in the Civil
`Action includes declaratory relief, fees, and costs. Unlike the Civil Action, this Board proceeding
`is limited to considering only whether the registration for the SKAPA® mark should be cancelled.
`That limited decision has not yet been issued. Although the parties have served initial discovery
`requests, no responses to discovery requests have been exchanged and no depositions or
`substantive discovery have yet occurred in this Board proceeding.
`ARGUMENT
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`This cancellation proceeding should be suspended until final determination of the Civil
`Action. It is well-established that “[i]t is the policy of the Board to suspend proceedings when the
`parties are involved in a civil action which may be dispositive of or have a bearing on the Board
`case.” Arcadia Grp. Brands Ltd. v. Studio Moderna SA, 99 USPQ2d 1134, 1136 (TTAB 2011);
`TBMP § 510.02(a). A civil action may have a bearing on a Board proceeding when it “involves
`the same parties and the same marks.” Ara Ohanian v. Tekno Prods., Inc., No. 91237581, 2019
`WL 367659, at *1 (TTAB Jan. 25, 2019) (non-precedential); Monster Energy Co. v. Martin, 125
`USPQ2d 1774, 1778 (TTAB 2018) (suspending cancellation proceedings where civil action
`involved “various claims relevant to or involving the rights in the marks that are at issue’). The
`civil action need not be dispositive of the Board proceeding. Arcadia, 99 USPQ2d at 1136. Because
`the civil action may involve broader issues than, and be binding on, the Board proceeding,
`suspension also serves judicial economy. /d.; TBMP § 510.02(a).
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`In this proceeding, suspension should be granted because all circumstances for suspension
`are met. The Civil Action involves the same parties (Saab and Skapa Tech), involves the same
`marks (Saab’s SKAPA® mark, among other marks and terms used by Saab, and Skapa Tech’s
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`purported common law trademark rights in the term “skapa’), and addresses the same issue of
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`cancellation of Saab’s SKAPA® registration (seeking a declaration that cancellation should be
`denied, among other declaratory relief sought by Saab). Because the Civil Action involves the
`same parties and the same marks and will be dispositive of this proceeding for cancellation of
`Saab’s SKAPA® registration, the Board should suspend this proceeding. Arcadia, 99 USPQ2d at
`1136; TBMP § 510.02(a).
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`Suspension here is not only proper, but also serves judicial economy. Saab has brought
`claims for declaratory relief in the Civil Action to address Skapa Tech’s objections to Saab’s uses
`of the term “skapa,” including as part of Saab’s “Skapa by Saab” incubator, that could not have
`been addressed in this proceeding. As for Skapa Tech’s claim for cancellation of the SKAPA®
`registration in this Board proceeding, any decision by the Board would be “merely advisory,” have
`no binding effect on, and may duplicate efforts regarding the same claim in the Civil Action.
`Arcadia, 99 USPQ2d at 1136. Also, this proceeding is in its early stages with no discovery
`responses having been exchanged, and no depositions, dispositive motions, trial, or other events
`having occurred, which further supports suspension at this stage.
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`CONCLUSION
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`For the above reasons, Saab respectfully requests that the Board grant its Motion to
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`Suspend and issue an Order suspending this proceeding for cancellation of the SKAPA®
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`registration pending the outcome of the Civil Action.
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`Dated: March 27, 2026 s/ Eric W. Lee
`Eric W. Lee
`elee@bakerlaw.com
`BAKER & HOSTETLER LLP
`1050 Connecticut Avenue, NW, Suite 1100
`Washington, D.C. 20036
`(202) 861-1500
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`Rebecca Schrote
`rschrote(@bakerlaw.com
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`BAKER & HOSTETLER LLP
`200 Civic Center Drive, Suite 1200
`Columbus, OH 43215
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`(614) 228-1541
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`Attorneys for Registrant Saab AB
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`CERTIFICATE OF SERVICE
`I hereby certify that a true and complete copy of the foregoing Saab’s Motion to Suspend
`Pending Outcome of Civil Action has been served on Skapa Tech, Inc. by forwarding said copy
`on March 27, 2026, via email to:
`
`David Principe
`PHILLIPS LYTLE LLP
`125 Main Street, Suite 800
`Buffalo, NY 14203
`dprincipe@phillipslytle.com
`mvoytovich@philllipslytle.com
`ipdocketing@phillipslytle.com
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`Attorneys for Petitioner Skapa Tech, Inc.
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`s/ Eric W. Lee
`Eric W. Lee
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`Exhibit A
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`O© 0 3 O »n K~ W N =
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`N N N NN N N NN o e e e e e e e
`0O I N »n B~ W N = DO O 0NN DN BN W N = O
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`Shaia A. Stambuk (SBN 329240)
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`sstambuk@bakerlaw.com
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`BAKER & HOSTETLER LLP
`600 Anton Boulevard, Suite 900
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`Costa Mesa, CA 92626
`(714) 754-6600
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`Katherine R. McMorrow (SBN 315723)
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`kmcmorrow(@bakerlaw.com
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`BAKER & HOSTETLER LLP
`1900 Avenue of the Stars, Suite 2700
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`Los Angeles, CA 90067
`(310) 820-8800
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`William C. Bergmann (pro hac vice forthcoming)
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`wbergmann@bakerlaw.com
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`Eric W. Lee (pro hac vice forthcoming)
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`elee@bakerlaw.com
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`BAKER & HOSTETLER LLP
`1050 Connecticut Avenue, NW, Suite 1100
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`Washington, D.C. 20036
`(202) 861-1500
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`Rebecca Schrote (pro hac vice forthcoming)
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`rschrote(@bakerlaw.com
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`BAKER & HOSTETLER LLP
`200 Civic Center Drive, Suite 1200
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`Columbus, OH 43215
`(614) 228-1541
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`Attorneys for Plaintiffs
`SAAB AB and SAAB, INC.
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
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`SAAB AB and SAAB, INC.,
`Plaintiffs,
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`V.
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`SKAPA TECH, INC.,
`Defendant.
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`Case No.:
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`COMPLAINT FOR DECLARATORY
`JUDGMENT
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`DEMAND FOR JURY TRIAL
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`Plaintiffs Saab AB and Saab, Inc. (collectively, “Saab”) allege as follows:
`INTRODUCTION
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`1. This is a declaratory judgment action to resolve a real and concrete trademark
`dispute created by Defendant Skapa Tech, Inc.’s efforts to block Saab’s lawful use of the
`term “skapa” and to cancel Saab’s federally registered SKAPA® trademark. Saab seeks
`clarity and finality regarding its right to continue operating its “Skapa by Saab” innovation
`incubator and to maintain its valid U.S. trademark registration.
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`2. Saab’s “Skapa by Saab” incubator uses the term ‘“skapa” in its ordinary
`descriptive sense as the Swedish word for “create” and always in conjunction with Saab’s
`well-known SAAB house mark. Saab and Skapa Tech also provide different services to
`different industries and target highly sophisticated consumers. Saab’s use of the term
`“skapa” does not create a likelihood of confusion and has not resulted in any actual
`confusion with Skapa’s asserted use of the term “skapa.”
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`3. In addition, on information and belief, Skapa Tech did not use the term
`“skapa” in U.S. commerce for services similar to those offered by Saab before Saab filed
`its trademark application and obtained its registration for the SKAPA® mark. For this
`additional independent reason, on information and belief, Skapa Tech lacks senior
`common-law rights in services that could support either an infringement claim or
`cancellation of Saab’s registration.
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`4. This action is necessary to resolve the parties’ dispute in a single forum, to
`confirm that Saab’s use of the term “skapa” in “Skapa by Saab” is not infringing, and to
`confirm that Saab’s SKAPA® registration is valid and enforceable and should not be
`cancelled.
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`JURISDICTION AND VENUE
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`5. This action arises under the Lanham Act, 15 U.S.C. §§ 1051 et seq., including
`without limitation 15 U.S.C. §§ 1119 and 1125(a), and the Declaratory Judgment Act, 28
`U.S.C. §§ 2201 and 2202.
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`//
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`6. This Court has subject-matter jurisdiction under 28 U.S.C. §§ 1331 and 1338,
`and 15 U.S.C. § 1121, because this action presents an actual controversy under federal
`trademark law concerning alleged infringement of unregistered trademark rights and the
`validity of a U.S. trademark registration.
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`7. This Court has personal jurisdiction over Defendant Skapa Tech, Inc. (“Skapa
`Tech”) because Skapa Tech has purposefully directed trademark enforcement activities
`toward this District that it knew or reasonably should have known were likely to cause
`harm in this District. Skapa Tech’s trademark enforcement efforts are directed at Saab’s
`California-based operations in this District and have created ongoing uncertainty and
`disruption to Saab’s business activities here. Saab’s claims arise directly out of Skapa
`Tech’s activities directed toward this District, and the exercise of personal jurisdiction over
`Skapa Tech in this District is consistent with traditional notions of fair play and substantial
`justice.
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`8. Venue in this District is proper under 28 U.S.C. § 1391 because a substantial
`part of the events or omissions giving rise to the claims in this action occurred in this
`District. Saab’s use of the term “skapa,” including as “Skapa by Saab,” emanates from this
`District, where Saab’s Skapa by Saab team is based and where the relevant business,
`branding, and marketing decisions are implemented. Skapa Tech’s trademark enforcement
`activities are directed at and have their primary effects in this District.
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`PARTIES
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`0. Plaintiff Saab AB i1s a Swedish limited liability company with its principal
`place of business in Linkdping, Sweden. Saab AB is the owner of U.S. Trademark Reg.
`No. 7,582,416 for the mark SKAPA® that Defendant Skapa Tech, Inc. seeks to cancel. A
`true and correct Trademark Status & Document Retrieval (TSDR) printout for the
`SKAPA® registration is attached as Exhibit 1.
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`10. Plaintiff Saab, Inc. is a New York corporation with a place of business in San
`Diego, California, and is a wholly owned subsidiary of Saab AB. The Skapa by Saab
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`incubator operates within Saab, Inc. and is based in San Diego, California.
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`11. On information and belief, Defendant Skapa Tech, Inc. is a Virginia
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`corporation with its principal place of business in Charlottesville, Virginia.
`FACTS
`Saab’s Use of “Skapa by Saab”
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`12. Saab is a global aerospace and defense company that develops, manufactures,
`and supplies advanced systems, products, and services across the domains of aeronautics,
`land, naval, and security. Founded in 1937, Saab serves governments, public authorities,
`and commercial customers in the United States and worldwide with complex,
`technology-intensive solutions, including aircraft and aircraft systems, sensors and radar,
`command-and-control systems, naval platforms, training and simulation systems, and civil
`security technologies. Saab operates internationally, with activities in more than 30
`countries, and provides its products and services to customers in over 100 countries,
`primarily to sophisticated institutional and governmental clients that require highly
`specialized and regulated solutions.
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`13. Saab AB owns numerous live U.S. trademark registrations for and
`incorporating its SAAB mark, including but not limited to U.S. Trademark Reg. Nos.: (1)
`1,025,449, (2) 1,035,072, (3) 2,673,877, (4) 3,260,071, (5) 3,271,585, (6) 3,689,488, (7)
`4,195,329, and (8) 4,405,567, covering a wide range of goods and services. True and
`correct TSDR printouts for these registrations are attached as Exhibit 2.
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`14. Saab has used the SAAB mark extensively and continuously in the United
`States and worldwide for many decades in connection with its aerospace, defense, security,
`and related goods and services. Through long-standing use, substantial sales, and extensive
`advertising, marketing, and promotion, the SAAB mark has achieved a high degree of
`recognition and distinctiveness in the United States and is widely known among consumers
`and purchasers of Saab’s goods and services.
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`15. Asaresult of Saab’s extensive use, advertising, marketing, and promotion of
`its goods and services under its SAAB marks throughout the world and in the United States
`//
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`since at least as early as 1957, the SAAB marks have become well-known and highly
`distinctive, and consumers associate the SAAB marks exclusively with Saab.
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`16. Skapa by Saab is an innovation and technology incubator operating within
`Saab, Inc. and based in San Diego, California. Launched in April 2024, Skapa by Saab
`partners directly with highly sophisticated end-users in the defense, aviation, and security
`industries to identify operational challenges and to develop, test, and deploy
`technology-driven solutions in real-world environments. Skapa by Saab’s work includes
`rapid prototyping, testing, and refinement of technologies, often using existing Saab
`platforms as test beds to validate and scale solutions at the speed of operational need. A
`true and correct printout of Skapa by Saab’s website as of March 27, 2026, is attached as
`Exhibit 3.
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`17. The term “skapa” is a Swedish word meaning “create.” Consistent with that
`meaning, “Skapa by Saab” means “Create by Saab,” which refers to the purpose and
`function of the Skapa by Saab incubator as a creation-focused innovation model within
`Saab, Inc. “Skapa by Saab” uses the term “skapa” in that term’s ordinary descriptive sense
`to explain the nature of Saab’s innovation activities and as a nod to Saab’s Swedish roots.
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`18. The term “skapa” is not a coined term and is used by multiple third parties in
`the technology, software, and consulting spaces, including in business and product names,
`to convey the concept of creating or developing solutions. As a result, consumers encounter
`the term “skapa” in a variety of contexts and are accustomed to distinguishing among
`different uses of the term based on the surrounding wording and context.
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`Saab’s U.S. Trademark Registration for “SKAPA”
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`19. On November 29, 2023, Saab AB filed U.S. Trademark App. No. 98/289,789
`for the wordmark “SKAPA” based on a bona fide intent to use in connection with
`“[s]cientific and technological research and development in the fields of Al (artificial
`intelligence), autonomy, additive manufacturing, machine learning, defence and
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`communications” in International Class 42.
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`//
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`20. On May 21, 2024, Saab’s U.S. Trademark App. No. 98/289,789 was
`published in the Trademark Official Gazette, having received no refusal on the basis of
`likelihood of confusion or on any other basis.
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`21. No person or entity filed any opposition or extension of time to oppose Saab’s
`U.S. Trademark App. No. 98/289,789, and the application was allowed on July 16, 2024.
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`22. On August 20, 2024, Saab submitted a Statement of Use claiming use in
`commerce at least as early as April 23, 2024. The Statement of Use was accepted on
`November 1, 2024. On November 26, 2024, the U.S. Patent and Trademark Office
`(“USPTO”) issued a registration certificate on the Principal Register for Saab’s SKAPA®
`mark as U.S. Trademark Reg. No. 7,582,416. See Exhibit 1.
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`Skapa Tech’s Purported Trademark Rights
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`23. On information and belief, Skapa Tech was founded in 2016 and is in the
`business of providing software development services in the United States. Skapa Tech’s
`website states: “We build web, mobile, and cloud software products that inspire joy in
`users.” A true and correct printout of Skapa Tech’s website as of March 27, 2026, is
`attached as Exhibit 4.
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`24. On information and belief, Skapa Tech advertises, markets, promotes, and
`provides its services throughout the United States, including to one or more clients
`operating in California.
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`25. On information and belief, at the time Saab AB filed a U.S. trademark
`application for the mark “SKAPA,” Skapa Tech had not filed any U.S. trademark
`application for any mark consisting of or containing the term “SKAPA.”
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`26. On January 19, 2024, 51 days after Saab filed its U.S. trademark application
`for the mark SKAPA®, Skapa Tech filed U.S. Trademark App. No. 98/365,953 for the
`wordmark “SKAPA” for various services in International Class 42, and it asserted two
`different dates of first use in commerce for different groups of services. Specifically, Skapa
`Tech’s application claimed use in commerce since September 2, 2016, for the following
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`services:
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`O© 0 3 O »n K~ W N =
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`Advisory services relating to computer software; Customizing
`computer software; Maintenance of computer software; Product
`design and development in the field of edtech and e-learning,
`healthtech and healthcare, distribution, engineering and
`architecture, non-profit organizations, and government contracts;
`Software authoring; Software design and development; Software
`engineering services; Testing of computer software; Updating of
`computer software.
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`Skapa Tech’s application also claimed use in commerce of July 6, 2022, for the following
`services (“Al Services”):
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`Consultancy in the field of artificial intelligence technology;
`Developing customized software in the field of artificial
`intelligence, machine learning, and large language models for
`others; Development of new technology for others in the field
`of artificial intelligence, machine learning, and large language
`models; Technical consulting in the field of artificial intelligence
`(AI) software customization.
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`27. On February 6, 2025, in response to the USPTO’s request to provide an
`English translation for the term “SKAPA,” Skapa Tech submitted to the USPTO the
`following statement: “The English translation of SKAPA in the mark i1s CREATE.”
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`28. On February 13, 2025, the USPTO refused to register Skapa Tech’s applied-
`for SKAPA mark on the ground that it was likely to cause confusion with Saab’s registered
`SKAPA® mark.
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`29. On August 8, 2025, just a few days before Skapa Tech filed a petition to cancel
`Saab’s SKAPA® registration, Skapa Tech submitted to the USPTO a “Voluntary
`Amendment” containing the following “Miscellaneous Statement” purporting to correct
`Skapa Tech’s claimed first use in commerce dates, stating:
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`The dates of use pertain to the following services: advisory
`services relating to computer software; customizing computer
`software; maintenance of computer software; product design and
`development in the field of edtech and e-learning, healthtech and
`healthcare, distribution, engineering and architecture, non-profit
`organizations, and government contracts; software authoring;
`software design and development; software engineering
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`services; testing of computer software; and, updating of
`computer software. The remaining services in the application
`have different dates of first use. The mark was in use with all of
`the services prior to the filing date of the application.
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`30. The “remaining services in the application” with “different dates of first use”
`referenced in Skapa Tech’s Voluntary Amendment are the Al Services. Skapa Tech’s
`August 8, 2025 Voluntary Amendment does not identify the dates of first use in commerce
`for the Al Services and instead asserts merely that all applied-for services were used at
`some time prior to Skapa Tech’s January 19, 2024 application filing date.
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`31. As aresult, Skapa Tech lacks any properly verified claimed first use date for
`the purported SKAPA mark in connection with the Al Services prior to Saab’s priority
`date.
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`32. On information and belief, Skapa Tech’s purported SKAPA mark was not
`used in commerce in connection with at least the Al Services prior to November 29, 2023,
`the priority date of Saab’s SKAPA® registration.
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`33. Accordingly, on information and belief, Skapa Tech cannot establish priority
`over Saab with respect to any asserted trademark rights in the purported SKAPA mark in
`connection with at least the Al Services.
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`Skapa Tech’s TTAB Petition and Infringement Threats
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`34. On August 13, 2025, Skapa Tech filed a Petition for Cancellation with the
`U.S. Trademark Trial and Appeal Board (“TTAB”) seeking cancellation of Saab’s U.S.
`Trademark Reg. No. 7,582,416 for the SKAPA® mark on the basis of alleged priority and
`likelihood of confusion with Skapa Tech’s purported unregistered common-law use of the
`SKAPA mark (“TTAB Petition™).
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`35. On August 18, 2025, the USPTO suspended proceedings on Skapa Tech’s
`U.S. Trademark App. No. 98/365,953 for the SKAPA mark pending the outcome of Skapa
`Tech’s TTAB cancellation proceeding.
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`36. Inits TTAB Petition, Skapa Tech affirmatively alleged that Saab’s SKAPA®
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`registration “should be cancelled because it consists of or comprises a mark which so
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`resembles Petitioner’s previously used SKAPA Mark as to be likely, when used in
`connection with [Saab’s] services, to cause confusion, mistake, or deception within the
`meaning of 15 U.S.C. § 1052(d), and to cause damage to [Skapa Tech] thereby.” These
`allegations assert the core elements of a federal trademark infringement claim, including
`alleged priority, likelihood of confusion, and damage.
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`37. In addition to the TTAB Petition, through correspondence and discussions
`between counsel, Skapa Tech has repeatedly asserted that its objections are not limited to
`Saab’s federal trademark registration for the SKAPA® mark, and that they extend to Saab’s
`ongoing use of the phrase “Skapa by Saab,” as reflected in Exhibit 3. Skapa Tech has taken
`the position that such use infringes Skapa Tech’s purported trademark rights.
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`38. As a result of Skapa Tech’s affirmative allegations of elements of an
`infringement claim in the TTAB Petition and its repeated assertions that Saab’s ongoing
`use of the phrase “Skapa by Saab” is objectionable and infringing, Saab has a real and
`reasonable apprehension that Skapa Tech will pursue an infringement action against Saab
`based on Saab’s current and continued use of the term “skapa.”
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`COUNTI1
`Declaratory Judgment of Non-Infringement of Trademark
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`39. Saab incorporates by reference all preceding paragraphs of this Complaint.
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`40. This claim arises under the Lanham Act, 15 U.S.C. §§ 1051 ef seq., including
`without limitation 15 U.S.C. §§ 1119 and 1125(a), and the Declaratory Judgment Act, 28
`U.S.C. §§ 2201 and 2202.
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`41. An actual and justiciable controversy exists between Saab and Skapa Tech
`concerning whether Saab’s use of the term “skapa,” including in the phrase “Skapa by
`Saab,” infringes any purported trademark rights claimed by Skapa Tech.
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`42. Saab’s use of “Skapa by Saab” does not infringe any valid or enforceable
`trademark rights Skapa Tech may claim in the term “skapa.”
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`//
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`43. Saab’s “Skapa by Saab” incubator uses the term “skapa” in its ordinary
`descriptive sense—as the Swedish word for “create”—to explain the nature of Saab’s
`innovation activities, and not as a trademark or source identifier.
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`44, Saab’s use of “skapa” in “Skapa by Saab” is readily distinguishable in
`appearance, sound, and overall commercial impression from Skapa Tech’s asserted use of
`“skapa,” including because it prominently includes Saab’s well-known and highly
`distinctive SAAB house mark.
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`45. Saab’s use of “skapa” in “Skapa by Saab” occurs in a context that is materially
`different from Skapa Tech’s asserted use of “skapa,” including with respect to the nature
`of the services offered, the channels of use, and the intended audiences.
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`46. The relevant consumers for the parties’ respective services are highly
`sophisticated and exercise a high degree of care in making purchasing and engagement
`decisions, which further negates any likelihood of confusion.
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`47. On information and belief, Skapa Tech did not use the term “skapa” in U.S.
`interstate commerce in connection with consultancy or development services relating to
`artificial intelligence, machine learning, or large language models prior to November 29,
`2023, the filing date and constructive priority date of Saab’s U.S. Trademark Reg. No.
`7,582,416 for the SKAPA® mark.
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`48. As aresult, on information and belief, Skapa Tech lacks senior common-law
`rights that could support a claim that Saab’s use of “skapa” in “Skapa by Saab” infringes
`Skapa Tech’s purported trademark rights in connection with such services.
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`49. On information and belief, Saab’s use of “skapa” in “Skapa by Saab” has not
`resulted in any known consumer confusion, and is not likely to result in confusion as to
`source, affiliation, sponsorship, or approval.
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`50. Saab is entitled to a declaratory judgment that it is not infringing, has not
`infringed, and is not liable for infringement of any purported trademark rights claimed by
`Skapa Tech in the term “skapa.”
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`//
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`COUNT 11
`Declaratory Judgment of Validity and Enforceability of
`U.S. Trademark Reg. No. 7,582,416, and Denying Cancellation
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`51. Saab incorporates by reference all preceding paragraphs of this Complaint.
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`52. This claim arises under the Lanham Act, 15 U.S.C. §§ 1051 et seq., including
`without limitation 15 U.S.C. §§ 1119 and 1125(a), and the Declaratory Judgment Act, 28
`U.S.C. §§ 2201 and 2202.
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`53. An actual and justiciable controversy exists between Saab and Skapa Tech
`concerning whether Skapa Tech is entitled to seek cancellation of Saab’s U.S. Trademark
`Reg. No. 7,582,416 for the SKAPA® mark on the basis of alleged priority and likelihood
`of confusion with Skapa Tech’s purported use of “SKAPA mark.
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`54. Saab maintains and is entitled under the Lanham Act to maintain its
`registration for the SKAPA® mark.
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`55. No likelihood of confusion exists between Saab’s SKAPA® mark and Skapa
`Tech’s purported SKAPA mark, including in light of the parties’ different services,
`channels of use, and intended audiences.
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`56. The relevant consumers for the parties’ respective services are highly
`sophisticated and exercise a high degree of care in making purchasing and engagement
`decisions, which further negates any likelihood of confusion.
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`57. On information and belief, Skapa Tech did not use the term “skapa” in U.S.
`interstate commerce in connection with consultancy or development services relating to
`artificial intelligence, machine learning, or large language models prior to November 29,
`2023, the filing date and constructive priority date of Saab’s U.S. Trademark Reg. No.
`7,582,416 for the SKAPA® mark.
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`58. As aresult, on information and belief, Skapa Tech lacks senior common-law
`rights in services that could support cancellation of Saab’s U.S. Trademark Reg. No.
`7,582,416.
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`//
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`59. On information and belief, Saab’s use of the term “skapa,” including in
`connection with its SKAPA® mark, has not resulted in any known consumer confusion,
`and is not likely to result in confusion as to source, affiliation, sponsorship, or approval.
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`60. Saab is entitled to a declaratory judgment that its U.S. Trademark Reg. No.
`7,582,416 for the SKAPA® mark is valid, enforceable, and should not be cancelled, and
`that Skapa Tech’s TTAB Petition to cancel that registration should be denied.
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`PRAYER FOR RELIEF
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`Saab respectfully prays for relief from this Court as follows:
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`a. A declaration that Saab’s use of the term “skapa,” including its use of the
`phrase “Skapa by Saab,” does not infringe, and has not infringed, any
`trademark rights claimed by Skapa Tech.
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`b. A declaration that Saab’s U.S. Trademark Reg. No. 7,582,416 for the
`SKAPA® mark is valid, enforceable, and should not be cancelled, and that
`Skapa Tech’s TTAB Petition to cancel that registration should be denied.
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`C. An award of costs and attorneys’ fees incurred by Saab.
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`d. An award of all further relief that this Court deems just and proper.
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`DEMAND FOR JURY TRIAL
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`Saab demands a jury trial on all issues triable by a jury.
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`Dated: March 27, 2026 BAKER & HOSTETLER LLP
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`R
`
`Shaia A. Stambuk (SBN 329240)
`sstambuk(@bakerlaw.com
`BAKER & HOSTETLER LLP
`600 Anton Boulevard, Suite 900
`Costa Mesa, CA 92626
`
`(714) 754-6600
`
`Katherine R. McMorrow (SBN 315723)
`kmcmorrow(@bakerlaw.com
`
`BAKE