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TTAB Cancels Registration on Abandonment and Void ab Initio Grounds

Wednesday, March 7, 2012
Jennifer Gaeta | Bloomberg LawShut EmDown Sports, Inc. v. Carl Dean Lacy, Cancellation No. 92/049,692 (T.T.A.B. Feb. 22, 2012) Shut EmDown Sports, Inc. petitioned to cancel the SHUT IT DOWN registration owned by Carl Dean Lacy for 113 clothing items on the grounds of abandonment and fraud. Petitioner contended that the registrant was not actually using the mark and had no intent to resume use. The fraud claim asserted that respondent was not using the mark on the goods on the filing date and when it submitted a declaration in support of a substitute specimen. The Trademark Trial and Appeal Board ("TTAB") determined that the mark had been abandoned and that the registration was void ab initio.

SHUT IT DOWN Trademark Registration

The registrant registered the SHUT IT DOWN trademark for 113 clothing items including everything from "apr

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