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Precedential No. 49: Following First Niagara, TTAB Rules That Foreign Owner Sufficiently Pleaded Use of Mark in USA

The Board denied Respondent Intermix's Rule 12(b)(6) motion for dismissal of this cancellation proceeding involving its registration for the mark PEMEX for petroleum products and services, finding that Petitioner Petróleos Mexicanos has standing and had properly pleaded three claims for relief: false association under Section 2(a), likelihood of confusion under Section 2(d), and fraud. Petróleos Mexicanos v. Intermix S.A., Cancellation No. 92052292 (December 28, 2010) [precedential].Standing: The Board noted that if Petitioner establishes standing as to any of its pleaded grounds, then it has the right to assert any other ground as well. Respondent "essentially argues that petitioner lacks standing because it neither pleaded use nor registration of its mark in the United States, nor otherwise pleaded any trademark rights in its mark that are protectable in the United States...continue to full post

Full post as published by The TTABlog on January 11, 2011 (boomark / email).