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Finding Laches in 62-Month Delay, TTAB Dismisses 2(d) Cancellation Petition

Sustaining Respondent Braided Accents, L.L. C.'s affirmative defense of laches, the Board dismissed a petition for cancellation of the mark BRAIDED ACCENTS & Design ["BRAIDED" and the pictorial representation of a braid disclaimed] for moldings, door frames, window frames, rails and wainscotting. Petitioner Klise Manufacturing claimed likely confusion with its registered and previously-used mark ACCENT for non-metal decorative molding and trim, but the Board found that its delay of 62 months in filing the petition for cancellation had prejudiced Respondent and was unreasonable and unexcused. Klise Manufacturing Co. v. Braided Accents, L.L.C., Cancellation No. 92045607 (July 3, 2008) [not precedential].Petitioner established standing and priority by reason of its constructive use of the mark ACCENT from June 24, 1977 (the filing date of the application which issued as its pleaded registration)...continue to full post

Full post as published by The TTABlog on July 11, 2008 (boomark / email).