Trademark Precedent

Precedential No. 46: Registrant Proves Intent to Resume Use

The service mark A.W. Shuck’s will continue to be registered to its Charleston owner by the U. S. Patent and Trademark Office (USPTO). Registered patent attorney B.C. Killough prevailed in a Trademark Trial and Appeal Board challenge to his client, Awshucks SC, LLC. The Board issued a precedential opinion indicating that Killough demonstrated that his client did not abandon use of the mark, even though the client did not use the mark for a period of more than three years. AW Shucks Seafood Shack is located at 208 King Street in Charleston, SC. Read a case summary on the TTABlog here.