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J.J. Lee, Trademark Attorney

The #1 Mistake That Can Sink Your Trademark Cancellation Case

Published 2 months ago • 1 min read

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June 23, 2025

Hello Reader,

A recent case before the Trademark Trial and Appeal Board (TTAB) highlights a hard truth: you can lose a trademark dispute not because your argument is wrong—but because your paperwork is incomplete.

In Superior Brands v. Retrobrands America, Superior tried to cancel a Supplemental Register trademark (KINNEY SHOES) based on a likelihood of confusion with their own intent-to-use application for a similar mark.

Their argument? Their application was filed before the registrant's effective filing date, so they claimed priority.

The problem? They didn’t properly make their own application part of the record.​
They attached it to the complaint—but never formally submitted it into evidence during the trial.

As a result, the TTAB ruled:

  • They failed to prove standing (entitlement to bring the case), and
  • They couldn’t prove priority, which is essential in a likelihood of confusion claim.

Game over.

Lessons from the Case:

✅ Follow the TTAB rules—exactly. Attaching something to your complaint isn’t enough. You need to properly introduce it into the record via notice of reliance or testimony.

✅ You can’t win without standing. If you’re trying to cancel someone’s mark, you must prove that you’re directly harmed by it—and you need admissible evidence to back that up.

✅ Priority matters—and must be proven. Even if your application has an earlier date, you need to make sure the TTAB can legally consider it.

✅ Being pro se is risky. The TTAB reminded parties multiple times to consider hiring counsel. Representing yourself means you’re responsible for knowing all procedural rules—and the consequences if you don’t.

The Bottom Line:

Trademark disputes aren’t just about who’s right—they’re about who’s ready. Even strong claims can collapse if you don’t submit the right evidence in the right way.

Keep Your Brand Safe and Protected,​
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J.J. Lee and the Trademark Lawyer Law Firm Team!

P.S. If you’re thinking about filing a cancellation or opposition—or defending one—don’t go it alone. Let’s make sure your case is airtight from the start.

J.J. Lee, Trademark Attorney

Protecting your Brand and Trademark Since 2007 and over 7,000 Trademark Registrations.

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