CAFC maintains TTAB: upholds determination to cancel MOBILEBLACKBOX’s registration for audio audio system on grounds of non-use – Mental property


United States: CAFC maintains TTAB: confirms MOBILEBLACKBOX unregistering command for audio audio system on grounds of non-use

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In a quick non-prior opinion, the CAFC confirmed the TTAB determination of 23 November 2018 (pdf right here) granting a request for annulment of a trademark registration MOBILEBLACK BOX (Stylized) for “pc audio audio system” and “analog and digital audio sign transmitters” on the grounds that the mark was not associated to the products earlier than the underlying software was filed. Matey Michael Ghomeshi v Strongvolt, Inc.., Enchantment No. 2019-1850 (Fed. Cir. April 12, 2021)
[not precedential] (Andrew Hirschfield, USTPO Director, Panellist).

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The Board concluded that the alleged gross sales of Mr. Ghomeshi’s headphones didn’t qualify as “audio audio system” and even when they did, the one receipts provided by Mr. Ghomeshi have been “samples”. He didn’t present proof that the mark was used on headphones or their packaging. Mr Ghomeshi’s advert, which displayed the trademark with headphones on, was undated and didn’t embrace a strategy to order headphones.

As regards transmitters of analog and digital audio alerts, the Fee first concluded {that a} sequence of undated paperwork exhibiting sure transmitters bearing the mark and others not bearing the mark lacked probative worth. A single receipt reflecting the sale of a transmitter didn’t point out use earlier than submitting, r show the mark on merchandise.

After the board’s determination, the applicant firm was dissolved. Mr Ghomeshi argued that, upon his dissolution, petitioner StrongVolt “didn’t meet the statutory necessities to problem his registration”. The CAFC rejected this argument, noting that there was no proof that StrongVolt had stopped utilizing its BLKBOX mark throughout its liquidation interval, throughout which era it was entitled to plead its claims. Furthermore, the dissolution having taken place after the choice of the Council, the courtroom noticed no purpose to switch the choice.

The CAFC discovered no errors in a number of of the Board’s procedural choices. As well as, there was substantial proof to assist the Board’s conclusion that Mr. Ghomeshi had not used his mark in commerce with pc audio system previous to submitting his registration, and he noticed no error within the rejection by the Fee of its proof of use of the mark for an audio sign. transmitters.

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TTABlogger remark: It appears to be like like Mr. Ghomeshi is predicted to file a brand new software. Perhaps an ITU.

TTABlog

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