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Ibkul Ubhot Ltd. v. Alfwear, Inc.
20-2120
| Fed. Cir. | Oct 13, 2021
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*2 Before M OORE , Chief Judge , P ROST and T ARANTO , Circuit

Judges .

P ER C URIAM .

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

C OSTS

No costs.

Case Details

Case Name: Ibkul Ubhot Ltd. v. Alfwear, Inc.
Court Name: Court of Appeals for the Federal Circuit
Date Published: Oct 13, 2021
Docket Number: 20-2120
Court Abbreviation: Fed. Cir.
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