CAFC Affirms Cancellation of CAPTAIN CANNABIS Registration: Petitioner Established Priority Via Analogous Trademark Use
The TTABlog
OCTOBER 20, 2023
The court concluded that the Board did not abuse its discretion in construing the petition to include a priority claim based of use analogous to trademark use, and further concluded that substantial evidence supported the Board's findings regarding Andrusiek's prior use. The court therefore affirmed the "cancellation of Appellant's mark."
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