Noteworthy trademark decision won by Hoover Slovacek LLP in trial before the Trademark Trial and Appeal Board

1it enterprise

1it enterpriseHouston – HooverSlovacek congratulates Senior Counsel Paul Van Slyke for his win before the Trademark Trial and Appeal Board (TTAB) for client Bikers for Bikers of Texas, a Texas-based charity of law-abiding motorcyclists. The TTAB decides after a trial contested cases of cancellation of federally registered trademarks.

“We are incredibly proud of Paul Van Slyke to have assisted in winning this case for our client”, said Senior Partner Joseph O. Slovacek. “This case is noteworthy because our client prevailed in a difficult case in cancelling a federal trademark registration of an adversary in 15 months from filing to judgment. The typical time to trial is 24 to 36 months. The accelerated time to trial enabled our client to get justice for a significantly less cost than normal”, Slovacek said.

HooverSlovacek client Bikers for Bikers of Texas raises funds to provide to needy bikers and their families assistance with food, clothing, house payments, and medical bills.  On Sep. 17, 2013, a North Carolina charity of bike riders obtained a U.S. trademark registration for the brand name Bikers for Bikers Foundation.  HooverSlovacek’s client had no registered trademark, but claimed common law rights for its trademark Bikers for Bikers.

To prevail in the case, our client had to prove a few things. First, that the first use date of its name began in 1990 before any first use date the North Carolina charity could prove of its mark, as well as proving its use continued uninterrupted from 1990 to the present.

The tribunal ruled that our client met its burden of proof and ordered the cancelation of the Respondent’s trademark registration.

Using a new Accelerated Case Resolution Procedure (ACRS) our client was able to obtain a judgment in 15 months after the filing date, well under the typical time from petition filing to judgment of 24 to 36 months.

Companies headquartered in Texas have many well-known brand names that are registered trademarks:    EXXONMOBIL   AT&T   SYSCO       NEIMAN MARCUS       HALLIBURTON          KLEENEX  HUGGIES USAA  SOUTHWEST AIRLINES WHOLE FOODS    GAMESTOP   DELL     iHEART MEDIA          

About HooverSlovacek

Established in 1969, HooverSlovacek is a dynamic, results-driven law firm specializing in real estate, commercial litigation, estate planning, mediation, bankruptcy, tax law, employment law, construction law and more. HooverSlovacek is ranked No. 3 on the Houston Business Journal’s list of largest Houston-area real estate law firms and ranked No. 5 on their list of largest Houston-area bankruptcy law firms.  The HooverSlovacek team of attorneys has experience ranging from new, top-level law school graduates to attorneys with decades of experience in their fields.  Along with this wide variety of experience, HooverSlovacek’s attorneys work closely together as one team, in order to provide clients with vast resources and high-quality service.