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Precedential No. 29: TTAB Dismisses "ECSTASY" Cancellation - Petitioner Proves Standing, But Not Abandonment or Fraud

After clearing the standing hurdle, Petitioner Anosh Toufig experienced the agony of defeat when the Board dismissed his petition for cancellation of a registration for the mark ECSTASY for ?parfum, eau de toilette, and cologne.? The Board ruled that Petitioner?s evidence fell short of proving abandonment, and his proof of fraud was nonexistent. Anosh Toufigh v. Persona Parfum, Inc., Cancellation No. 9204830 (June 30, 2010) [precedential].Standing: Toufigh contended that his application to register ECSTASY for bath products was refused registration in view of the subject registration. But, the Board observed, "allegations alone do not establish standing." Toufigh failed to submit a copy of the office action, but he did testify that he filed the application...continue to full post

Full post as published by The TTABlog on July 13, 2010 (boomark / email).