Fed. Circ. Agrees Brazilian Brewery Abandoned 'Fusion' Mark

Law360 (October 10, 2019, 9:03 PM EDT) -- The Trademark Trial and Appeal Board rightly found that a Brazilian brewery’s “Fusion” trademark registration should be canceled after it was left unused for years, the Federal Circuit said Thursday.

In a victory for Ambev SA, the panel agreed that Cervejaria Petropolis SA hadn’t used the mark in years, and showed no intent to continue using it anytime soon.

CP’s mark was registered to cover “non-alcoholic beverage ingredients, namely, effervescent powder to be dissolved in liquid to produce an energy drink and hypertonic drink,” according to the Federal Circuit.

The TTAB had issued its ruling in favor of Ambev in August...

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