COMPLAINT AND APPEAL FROM TRADEMARK TRIAL AND APPEAL BOARD

Defendant has obtained cancellation of Plaintiff’s “Dibcoin Mark (Reg. No. 5396033) with weak documentation and testimony alleging that Plaintiff was not first to use the mark in commerce. Defendant alleged that Plaintiff created the Dibcoin mark under contract with Defendant and that Plaintiff failed to explain how he used the mark in commerce prior to Defendant’s alleged use of the mark (TTAB agreed).  Additional evidence was later obtained and submitted into the record, but it was deemed late and not considered.  That evidence makes it now abundantly apparent that Plaintiff was the first to use the Dibcoin Mark in commerce and is therefore the owner of the Dibcoin Mark.