On June 1, 2015 Scott Slavick's article, "New life for Naugles? Del Taco dinged at TTAB," was published in InsideCounsel.
Naugles Gets New Life at TTAB, Slavick Notes—But Questions Remain
If you own a mark you're no longer using, can you maintain it? Isn't there something unfair about allowing a newcomer to pick up an old mark that while not in use only has value because of goodwill built when it was? If you can find a mark in use somewhere on the Internet—such as for downloadable software, can you say it's still in use? Where to draw the line?
These questions remain at issue after the TTAB's non-precedential March ruling in Christian M. Ziebarth v. Del Taco, LLC, says Brinks trademark attorney Scott Slavick, in "New Life for Naugles? Del Taco Dinged at TTAB," his most recent article on InsideCounsel.com. The Board granted a petition for cancellation of Del Taco's registration of Naugles, finding the Mexican-themed fast-food chain had abandoned use without intent to resume. Slavick points out that Del Taco's proofs of continued use seemed flimsy, but questions engendered by the decision endure.
This article is intended to provide information of general interest to the public and is not intended to offer legal advice about specific situations or problems. Brinks Gilson & Lione does not intend to create an attorney-client relationship by offering this information and review of the information shall not be deemed to create such a relationship. You should consult a lawyer if you have a legal matter requiring attention. For further information, please contact a Brinks Gilson & Lione lawyer.
