TTAB denies registration of CITY CLUB mark due to prior rights

United States of America

In a non-precedential decision the Trademark Trial and Appeal Board denied registration to CITY CLUB for soft drinks based on the opposer’s earlier use of the same mark for the same goods, holding that the opposer had not abandoned its mark. The case serves as a reminder that a cancelled registration does not guarantee that the trademark owner has abandoned the mark without a claim of common law rights.

Unlock unlimited access to all WTR content