Case: 20-2120 Document: 51 Page: 1 Filed: 10/13/2021
NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
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IBKUL UBHOT LTD.,
Appellant
v.
ALFWEAR, INC.,
Appellee
______________________
2020-2120
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Appeal from the United States Patent and Trademark
Office, Trademark Trial and Appeal Board in No.
91233985.
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Decided: October 13, 2021
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DARREN J. QUINN, Law Offices of Darren J. Quinn, Del
Mar, CA, argued for appellant.
S. BRANDON OWEN, Ray Quinney & Nebeker P.C., Salt
Lake City, UT, argued for appellee. Also represented by
ADAM RICHARDS; TRENT BAKER, Baker IP PLLC, Salt Lake
City, UT.
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Case: 20-2120 Document: 51 Page: 2 Filed: 10/13/2021
2 IBKUL UBHOT LTD. v. ALFWEAR, INC.
Before MOORE, Chief Judge, PROST and TARANTO, Circuit
Judges.
PER CURIAM.
IBKUL UBHOT LTD. appeals a Trademark Trial and
Appeal Board decision sustaining Alfwear, Inc.’s opposition
to registration of a mark, “IBKÜL.” Alfwear, Inc. v. IBKUL
UBHOT LTD., Opposition No. 91233985, 2020 WL
3429163, at *1 (T.T.A.B. June 2, 2020). Although Alfwear
alleged consumers would likely confuse IBKÜL with four
of Alfwear’s registered marks, the Board considered confu-
sion with respect to only one of those marks, “KÜHL.” Id.
at *8. After the Board’s decision and while this appeal was
pending, the KÜHL mark was cancelled because Alfwear
failed to file a declaration of use under 15 U.S.C. § 1058.
The parties agree that cancellation necessarily impacts the
Board’s findings. Accordingly, we vacate and remand for
the Board to reconsider its findings in light of the cancella-
tion.
VACATED AND REMANDED
COSTS
No costs.