Decision of First Impression Grants Foreign Trademark Owner’s Petition to Cancel US Registration of Mark: TTAB | Practical Law
In Bayer Consumer Care AG v. Belmora LLC, the Trademark Trial and Appeal Board (TTAB) granted petitioner Bayer Consumer Care AG's petition to cancel respondent Belmora LLC's registration for the mark FLANAX, which Bayer had earlier registered and used in Mexico. The TTAB found that Bayer had standing to petition to cancel Belmora's registration even though Bayer had not registered, and did not use, the FLANAX mark in the US. The TTAB cancelled Belmora's registration based on its finding that Belmora used the FLANAX mark in the US to misrepresent that the source of its product was Bayer, the seller of FLANAX brand analgesics in Mexico.