July 1, 2014
Recently the Trademark Trial and Appeal Board (“TTAB”) granted The Trademark Company’s motion to dismiss in the matter of NSM Resources Corporation vs. Jay Weldon Harbour, Cancellation No. 92056558.
By way of history, on December 7, 2012 NSM Resources Corporation filed a Petition to Cancel Mr. Harbour’s registered trademark for HUK LAB and design and more fully set forth in U.S. Reg. No. 3010561. The trademark is registered in connection with a line of clothing by Mr. Harbour.
The stated basis for the cancellation proceeding was fraud, although the pleadings filed by NSM Resources Corporation never clearly set forth what “fraud” it was alleging. Following a complex series of motions and cross-motions the TTAB ultimately ruled that the petitioner had failed to properly plead the elements of fraud but allowed it 20 days to amend the claim should it wish to proceed with the case. Upon the expiration of the 20-day period, however, Petitioner had failed to amend its claim.
Quickly seizing upon this failure, The Trademark Company moved for and was granted the dismissal of the action in favor of its client Mr. Harbour. Thereafter, NSM Resources Corporation attempted to re-open the case but all such efforts were successfully blocked by The Trademark Company.
Mr. Harbour’s trademark for HUK LAB and design as more fully set forth in U.S. Reg. No. 3010561 remains registered today.
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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.