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TTAB Cancels "CITYSTAY HOTELS" Registration as Void Ab Initio: Hotel Lodging Services Not Rendered as of Filing Date

In this streamlined cancellation proceeding, the parties filed a joint request to resolve the matter via Accelerated Case Resolution (ACR), accompanied by a joint stipulation of facts. Respondent CSH fatally stipulated that it had not rendered "hotel lodging" services at the time of filing its application that yielded the challenged registration for CITYSTAY HOTELS. And so the Board sustained the petition for cancellation on the ground that Respondent's mark was not in use as of the filing date, and its registration is therefore void ab initio. Jonathan M. Kelly v. Citystay Hotels, LLC, Cancellation No. 92048998 (April 28, 2010) [not precedential].[click on illustration for larger picture]Petitioner Kelly neglected to provide any evidence of its standing, but the Board nonetheless found standing established by statements made in Respondent's brief: it admitted that Kelly's application for the service mark CITISTAY had been suspended in light of the challenged registration...continue to full post

Full post as published by The TTABlog on May 11, 2010 (boomark / email).