IP Law Daily, TRADEMARK—TTAB: HALFANIMAL cancellation petition granted on ground of abandonment, (Apr 4, 2025)

By Linda O’Brien, J.D., LL.M.

Owner of registered HALFANIMAL mark failed to rebut prima facie case of abandonment through a showing of excusable nonuse.

The registration of the mark HALFANIMAL for hats, pants, shorts, shirts, and jackets was cancelled on the ground of abandonment, the Trademark Trial and Appeal Board has determined in a nonprecedential order. A clothing manufacturer established that the mark owner had discontinued the use of the mark for at least seven years and did not intend to resume its use. Thus, the petition to cancel was granted (Garan Services Corp. v. Villa, No. 92074777 (T.T.A.B. Mar. 31, 2025)).

Acrobatic performer Jesus Villa (“Respondent”) owns the registration on the Principal Register of the mark HALFANIMAL in standard characters for, “Beanies; Hats; Pants; Shorts; Sweat pants; Sweat shirts; Sweat shorts; Sweat suits; T-shirts; Wind resistant jackets” in International Class 25. Children’s clothing importer and manufacturer Garan Services Corp. filed a petition, pleading ownership of more than 20 registrations for marks including the term GARANIMALS for clothing, seeking the cancellation of Villa’s registration on the grounds of abandonment, fraudulent maintenance of the registration, and false suggestion of a connection with Garan Services.

Abandonment. The evidence established that the Registrant had discontinued the use of the registered HALFANIMAL mark with an intent not to resume its use, the Board determined. Under Section 45 of the Trademark Act, a mark is deemed to be abandoned when its use has been discontinued “with intent not to resume such use.” Such intent may be inferred from the circumstances, however, nonuse for three consecutive years is prima facie evidence of abandonment. In a declaration, Villa stated that he acquired the nickname HALFANIMAL as a Cirque De Soleil performer, bought the domain halfanimal.com, began HALFANIMAL apparel in 2007, and sold the products online and at personal appearances. He sold HALFANIMAL hats and t-shirts on consignment in the two Las Vegas retail stores Vegas Royalty and Fashion 101 from 2005 to 2010 when the stores closed, his website in 2012 omitted any links to products or merchant account, he removed the product page from his website before 2013, and he last sold HALFANIMAL apparel from his website prior to a serious injury in 2013. He also stated that he planned to relaunch his website and online store, ordered sample apparel with the HALFANIMAL mark, and reactivated the merchant account on his website in late 2021 or 2022.

Garan Services submitted evidence of Villa’s nonuse of the HALFANIMAL mark from 2012 to at least 2019, a period of seven years. The company contended that Villa possessed no documentation of any sale of any HALFANIMAL apparel items listed in his registration at any time and any sales that may have taken place ceased by 2012. Based on this evidence, Garan established a period of at least seven years of nonuse and thus a prima facie case of abandonment, the Board noted.

Villa’s attempt to establish an excuse for his nonuse was rejected. He contended that his extraordinary circumstances were caused by medical issues surrounding his 2013 injury. However, regarding the specific dates of activities he claimed occurred during the period of nonuse – 2012 to 2019 – “the details are scant.” There was no corroboration of his vague and general testimony that HALFANIMAL apparel was distributed during his personal appearances, he did not submit any documentation of his purported donations of apparel at an elementary school over multiple years, and his claim that his lack of business records was due to his accident and memory loss was unconvincing. The evidence showed that sales of HALFANIMAL apparel in stores ceased in 2010, all references to HALFANIMAL apparel disappeared from Villa’s website in 2011 and did not reappear until 2021, and the presence of HALFANIMAL apparel at his events ceased in 2012. While there appears no dispute that Villa suffered a grievous injury in 2013, he chose not to submit any medical records regarding his injuries which was significant because of the inconsistencies in his testimony. Thus, Garan proved by a preponderance of the evidence that Villa discontinued the use of the HALFANIMAL mark with an intent not to resume its use, the petition is granted on the ground of abandonment and the registration will be cancelled, the Board concluded.

The Case is Cancellation No. 92074777.

Judge: Dunn, E.

Attorneys: G. Roxanne Elings (Davis Wright Tremaine LLP) for Garan Services Corp. Erik M. Pelton (Erik M. Pelton & Associates, PLLC) for Jesus Villa.

Companies: Garan Services Corp.

Cases: Trademark USPTO