Dowd Scheffel Prevails at the Trademark Trial and Appeal Board

Dowd Scheffel is pleased to report that it recently prevailed in trademark opposition at the Trademark Trial and Appeal Board (TTAB). On September 27, 2023, the TTAB sustained the opposition (filed by Dowd Scheffel client Savile Investments Pty. Ltd.) against an application seeking to register the mark HUCK for "granola-based snack bars." The opposition asserted several grounds for denying trademark registration, including lack of bona fide use of the HUCK mark in commerce, fraud, and non-use. The TTAB sustained the opposition because there was a lack of pre-filing use in commerce by the applicant, and the TTAB did not need to reach the other grounds.

Lead counsel for the proceeding Matthew J. Dowd states, "This was a long and difficult proceeding (particularly during the COVID pandemic), but we're pleased that the board saw that the applicant had failed to demonstrate any actual use of the mark in commerce. This is a very good decision, and it reinforces the requirement that, for a trademark application filed under § 1(a), applicants must have demonstrable use of the mark in commerce." The decision is available here. https://ttabvue.uspto.gov/ttabvue/v?pno=91240135&pty=OPP&eno=74