Zheng Cai v. Diamond Hong, Inc.

Diamond Hong petitioned for cancellation of Cai’s mark, “WU DANG TAI CHI GREEN TEA,” based on a likelihood of confusion with its registered TAI CHI mark. The U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) found a likelihood of confusion, giving limited consideration to Cai’s briefing because it contravened provisions of the Trademark Trial and Appeal Board Manual of Procedure (TBMP). The Federal Circuit affirmed the cancellation of Cai’s mark under 15 U.S.C. 1052(d). The TBMP states that the TTAB is not required to permit “a party in the position of defendant” to file a reply brief. Diamond Hong initiated the cancellation proceedings by filing a petition;Cai was in the position of a defendant and was not entitled to file a reply brief. In its likelihood of confusion analysis, the TTAB considered the first three "DuPont factors," treating the rest as neutral because neither party submitted evidence related to them. Substantial evidence supports the TTAB’s findings with respect to each DuPont factor: the similarity of the nature of the goods, the similarity of established trade channels, and the similarity of the marks. View "Zheng Cai v. Diamond Hong, Inc." on Justia Law