March 23, 2014
On February 3, 2014 the Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office (“USPTO”) sustained the Pink Party Breast Cancer Foundation Inc.’s Petition to Cancel the registered U.S. trademark BEAUTY THROUGH CANCER FIGHTING CANCER NEVER LOOKED SO GOOD, Reg. No. 3,869,673 (TTAB Cancellation No. 92058065).
The case was commenced by The Trademark Company on the grounds that the Registrant was no longer using the registered mark and, accordingly, the same should be cancelled as having been abandoned. After the institution of the matter registrant failed to file an answer in response to the allegations. Thereafter, the registrant was held in default with a decision being rendered in favor of the Pink Party Breast Cancer Foundation Inc. cancelling the registered trademark.
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.