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TTAB Says Nevermind to Abandonment Claim in "NIRVANA" Bottled Water Cancellation

The Board denied a petition for cancellation of a registration for the mark NIRVANA for "bottled natural spring water," finding that Petitioner failed to prove its abandonment claim. Respondent did not submit any evidence or file a brief, but it was Petitioner's burden to prove either outright abandonment, or nonuse for three consecutive years to invoke the statutory presumption of abandonment, failing which Respondent bears no burden of proving use or intent to resume use. Nirvana, Inc. v. Nirvana For Health Inc., Cancellation No. 92042878 (December 1, 2010) [not precedential].The Board first admonished Petitioner for wasting everyone's time by submitting more than 1,300 pages of documents and testimony at trial, the bulk of which were irrelevant to the question of abandonment...continue to full post

Full post as published by The TTABlog on December 15, 2010 (boomark / email).