winner stampFebruary 27, 2015

On February 27, 2015, the Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office (“USPTO”) sustained Mark Rozich’s cancellation proceeding cancelling U.S. Registration No. 4,576,504 for the trademark CARCADDY AUTO TRANSPORT (TTAB Cancelation No. 92059804).

The case was commenced by The Trademark Company on the grounds that the registered trademark would create a likelihood of confusion with Mr. Rozich’s  trademark AUTO CADDY TRANSPORT which retained priority of use over the other trademark by virtue of his common law and registered status.  After institution of the case the defendant failed to timely file an answer.  Thereafter, the TTAB entered a judgment by default ordering the cancellation of the subject trademark.

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Required Ethics Disclaimer: As always, case results depend upon a variety of factors unique to each case.  As such, this case result does not guarantee or predict a similar result in any future case.