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 design mark (in a reverse mirror image) for a wide variety of apparel items in International Class 25. Petitioner had alleged that Registrant had abandoned the trademark. The relevant statute to prove abandonment is Section 45 of the Trademark Act:
Section 45 of the Trademark Act provides that a mark shall be abandoned when its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances.