The USPTO has issued COVID-19 updates for trademark owners and counsel. This supersedes the March 31, 2020 notice previously reported here.
The USPTO continues to view the Coronavirus outbreak to be an extraordinary situation within the meaning of 37 CFR Section 2.146 for affected trademark applicants and owners. Therefore, it has issued the following
A trademark registration for nutritional supplements was recently cancelled by the U.S. Trademark Trial and Appeal Board.
Background. The case, Food Global Innovation GP LLC v. Tuong Nguyen, sought cancellation of U.S. Reg. No. 4799824 of VITASTRONG and Design was nutritional and herbal supplements. The grounds for cancellation were abandonment. The Petitioner had
A recent petition to cancel a trademark registration is a good lesson in what constitutes a well-drafted cause of action.
In Bonehead Brands, LLC v. Direct Impulse Design, Inc., Petitioner sought to cancel Reg. No. 3182681 of the mark BONE HEAD OUTFITTERS and Design for various apparel items in International Class 25. The Respondent
Trademark cancellation proceedings based on abandonment continue to present challenges to trademark registrants. In the latest case before the US Trademark Trial and Appeal Board, however, the registrant’s trademark registration was spared.
In AD5 Inc. v. Jennifer M. Estes dba #SELFiE T’s, the Petitioner sought to cancel Reg. No. 4642072 of the Registrants #SELFIE
Food for thought. A trademark cancellation may result from abandonment of a trademark.
In Local Foods LLC v. Foodsmith Bowen Osborn, the Petitioner sought cancellation of Registrant’s FOODSMITH and Design trademark for “health food, namely freshly prepared meals consisting primarily of local and organic meat, fish poultry, vegetables, properly proportioned, for delivery and pickup”
A petition for cancellation of a U.S. trademark registration is available to any party who believes that an already existing federal trademark registration should not be allowed to remain an active registration due to a variety of grounds, including abandonment of the trademark.
What is meant by trademark abandonment and how is it proven?