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Keywords

appealtrialtestimonyburden of prooftrademark
patenttrademark

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Cerveceria Centroamericana, S.A. v. Cerveceria India, Inc., 892 F.2d 1021, 13 U.S.P.Q.2d 1307

Facts

Cerveceria Centroamericana, a foreign beer producer, registered the trademark MEDALLA DE ORO for beer in the U.S. in 1973. Cerveceria India sought to register a similar mark in 1979 but was denied due to potential confusion. In 1985, India petitioned to cancel Centroamericana's registration, claiming abandonment due to nonuse. The Trademark Trial and Appeal Board (TTAB) found that Centroamericana had not used the mark in the U.S. for at least two years, leading to the cancellation of its trademark.

Centroamericana, a foreign beer producer, obtained a United States registration for MEDALLA DE ORO, for beer, in 1973. India sought to register the mark MEDALLA, for beer, in 1979, but its application was denied by the Patent and Trademark Office based on likelihood of confusion with Centroamericana's mark.

Issue

Did Cerveceria Centroamericana abandon its trademark MEDALLA DE ORO due to nonuse?

Did Cerveceria Centroamericana abandon its trademark MEDALLA DE ORO due to nonuse?

Rule

Under the Lanham Act, a federally registered trademark is considered abandoned if its use has been discontinued with intent not to resume. Nonuse for two consecutive years constitutes prima facie abandonment. The burden of proof lies with the party seeking cancellation to establish abandonment by a preponderance of the evidence.

Analysis

The TTAB found that Centroamericana had not imported MEDALLA DE ORO beer into the U.S. for eight years and that shipments in the 1970s were minimal. This established a prima facie case of abandonment. Centroamericana's attempts to rebut this included vague testimony about past sales and evidence of intent to resume use, but the TTAB found this insufficient to overcome the prima facie showing of abandonment.

Conclusion

The TTAB's decision to cancel Centroamericana's trademark registration for MEDALLA DE ORO due to abandonment was affirmed.

Accordingly, we must uphold TTAB's decision to cancel Centroamericana's MEDALLA DE ORO registration because of abandonment.

Who won?

Cerveceria India prevailed in this case as the TTAB found sufficient evidence of abandonment by Centroamericana. The TTAB concluded that Centroamericana's evidence did not adequately rebut the prima facie case of abandonment established by India, which demonstrated that Centroamericana had not used the mark for at least two consecutive years. The TTAB's reliance on the lack of credible evidence from Centroamericana was pivotal in affirming the cancellation of the trademark.

Cerveceria India prevailed in this case as the TTAB found sufficient evidence of abandonment by Centroamericana.

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