Secured Cancellation of Service Mark for City National Bank in Precedent-setting TTAB Action

Represented City National Bank before the Trademark Trial and Appeal Board (TTAB) in an action to cancel the TREASURYNET service mark registered to a Canadian company, OPGI Management GP, Inc. The key issue was whether the use of a mark on an internal financial database could be considered use of a service mark in commerce. In a precedential decision, the TTAB held that the use by OPGI was not sufficient to constitute use of a service mark in commerce for registration purposes. As a result, the TTAB found that OPGI had abandoned the mark and issued a judgment in our client’s favor, requiring that OPGI’s registration be canceled.