ESTTA Tracking number:
`
`ESTTA1348259
`
`Filing date:
`
`03/25/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner information
`
`Name
`
`Entity
`
`Address
`
`WESTERN HUSTLE LLC
`
`Limited Liability Company
`
`2764 W HWY 7
`ATOKA, OK 74525
`UNITED STATES
`
`Incorporated or
`registered in
`
`WYOMING
`
`Attorney informa-
`tion
`
`ALEX L. NGUYEN
`VENCOUNSEL
`21781 VENTURA BLVD
`#188A
`WOODLAND HILLS, CA 91364
`UNITED STATES
`Primary email: alex@vencounsel.com
`Secondary email(s): brandon@vencounsel.com, stetsonbfrost@gmail.com
`424-524-7398
`
`Docket no.
`
`Registration subject to cancellation
`
`Registration no.
`
`5938607
`
`Registration date
`
`12/17/2019
`
`Register
`
`Registrant
`
`Principal
`
`Dunham, Kevin Myles
`292 COUNTRY WALK CIRCLE
`BRUNSWICK, GA 31525
`UNITED STATES
`
`Additional registrant information
`
`Additional registrant in-
`formation provided by
`the petitioner
`
`KEVIN MYLES DURHAM
`224 BEACHSIDE DR.
`BRUNSWICK, GA 31523
`UNITED STATES
`avamal06@yahoo.com
`No phone number provided
`
`Goods/services subject to cancellation
`
`Class 025. First Use: Jul 3, 2018 First Use In Commerce: Oct 20, 2018
`All goods and services in the class are subject to cancellation, namely: Shirts
`
`Grounds for cancellation
`
`Mark never used in commerce
`
`Trademark Act Section 14(6)
`
`
`
`ESTTA1348259
`
`Filing date:
`
`03/25/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner information
`
`Name
`
`Entity
`
`Address
`
`WESTERN HUSTLE LLC
`
`Limited Liability Company
`
`2764 W HWY 7
`ATOKA, OK 74525
`UNITED STATES
`
`Incorporated or
`registered in
`
`WYOMING
`
`Attorney informa-
`tion
`
`ALEX L. NGUYEN
`VENCOUNSEL
`21781 VENTURA BLVD
`#188A
`WOODLAND HILLS, CA 91364
`UNITED STATES
`Primary email: alex@vencounsel.com
`Secondary email(s): brandon@vencounsel.com, stetsonbfrost@gmail.com
`424-524-7398
`
`Docket no.
`
`Registration subject to cancellation
`
`Registration no.
`
`5938607
`
`Registration date
`
`12/17/2019
`
`Register
`
`Registrant
`
`Principal
`
`Dunham, Kevin Myles
`292 COUNTRY WALK CIRCLE
`BRUNSWICK, GA 31525
`UNITED STATES
`
`Additional registrant information
`
`Additional registrant in-
`formation provided by
`the petitioner
`
`KEVIN MYLES DURHAM
`224 BEACHSIDE DR.
`BRUNSWICK, GA 31523
`UNITED STATES
`avamal06@yahoo.com
`No phone number provided
`
`Goods/services subject to cancellation
`
`Class 025. First Use: Jul 3, 2018 First Use In Commerce: Oct 20, 2018
`All goods and services in the class are subject to cancellation, namely: Shirts
`
`Grounds for cancellation
`
`Mark never used in commerce
`
`Trademark Act Section 14(6)
`
`
`
`No use of mark in commerce before application,
`amendment to allege use, or statement of use
`was due
`
`Trademark Act Sections 14(1) and 1(a), (c), and
`(d)
`
`Abandonment
`
`Trademark Act Section 14(3)
`
`Attachments
`
`Canc Petition WH re SOUTHERN HUSTLE 5938607 20240325 FX.pdf(127873
`bytes )
`
`Signature
`
`Name
`
`Date
`
`/Alex L. Nguyen/
`
`Alex L. Nguyen
`
`03/25/2024
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Registration No. 5938607
`
`For the mark: SOUTHERN HUSTLE
`
`Registered: Dec. 17, 2019
`
`WESTERN HUSTLE LLC, a limited liability
`company,
`
`Petitioner,
`
`v.
`
`KEVIN MYLES DUNHAM, a natural person,
`
`Respondent.
`
` Cancellation No. ______________
`
`PETITION FOR CANCELLATION
`
`Western Hustle LLC ("Petitioner"), a limited liability company organized and
`
`existing under the laws of California with a principal place of business at 2764 W
`
`Hwy 7, Atoka, OK 74525, believes that it will be damaged by the continued
`
`registration of U.S. Trademark Registration No. 5938607 for the SOUTHERN
`HUSTLE mark in connection with "shirts” under Class 25 ("Registration"), and
`
`hereby petitions for cancellation of the Registration in its entirety pursuant to
`
`Sections 14(1), 14(3), and 14(6) of the Lanham Trademark Act of 1946 ("Lanham
`
`Act"), 15 U.S.C. § 1064(1), (3), (6). As grounds for cancellation, Petitioner alleges as
`
`follows:
`
`1.
`
`Petitioner is in the business of producing and selling clothing and apparel.
`
`1
`
`
`
`2.
`Petitioner has filed Application Serial No. 97888476 ("Application") for the
`WESTERN HUSTLE mark in connection with “[c]lothing, namely, t-shirts, shirts,
`sweatshirts, hoodies, coats; Headwear, namely, hats, caps, bandanas” under
`
`International Class 25. The Application is currently pending.
`
`3.
`
`In a non-final office action dated January 11, 2024 ("Office Action"), the
`
`USPTO cited the Registration against the Application, thereby interfering with
`
`Petitioner's Application and causing harm to Petitioner. Petitioner therefore has a
`
`real interest in seeking cancellation of the Registration in its entirety, and therefore,
`
`has standing to bring this action.
`Kevin Myles Dunham (“Respondent”) is a natural person and Georgia
`
`4.
`
`resident with a principal address located at 292 Country Walk Circle, Brunswick, GA
`
`31525. Respondent is the current listed owner of the Registration.
`
`5.
`
`The Registration matured from Application No. 87660443 filed under
`
`Section 1(b) of the Lanham Act, 15 U.S.C. § 1051(b), based on an intent to use.
`
`6.
`
`On information and belief, at the time Respondent filed the underlying
`
`Application No. 87660443 and continuing to date, Respondent did not and does not
`
`have the capability or experience to offer the goods identified therein.
`
`7.
`
`On information and belief, at the time Respondent filed a statement of use
`
`under Section 1(d) of the Lanham Act, 15 U.S.C. § 1051(d), on March 8, 2019 and
`
`thereafter, Respondent had failed to use the mark in commerce in connection with
`
`the goods services identified in Application No. 87660443 prior to filing the statement
`
`of use and the Registration is subject to cancellation in its entirety pursuant
`
`to Section 14(1) of the Lanham Act, 15 U.S.C. § 1064(1).
`
`8.
`
`On information and belief, Respondent never used the SOUTHERN
`
`HUSTLE mark in commerce at any time during the three-year period following the
`
`registration date of such mark in connection with any of the goods identified in the
`
`2
`
`
`
`Registration, and the Registration is subject to cancellation in its entirety pursuant
`
`to Section 14(6) of the Lanham Act, 15 U.S.C. § 1064(6).
`
`9.
`
`On information and belief, Respondent has ceased to use in commerce the
`
`SOUTHERN HUSTLE mark in connection with the goods identified in the
`
`Registration over a period of at least three consecutive years without any intention
`
`to resume use. Respondent's nonuse of the SOUTHERN HUSTLE mark in commerce
`
`for at least three consecutive years is prima facie evidence of abandonment.
`
`Accordingly, Respondent has abandoned the SOUTHERN HUSTLE mark and the
`
`Registration is subject to cancellation in its entirety pursuant to Section 14(3) of the
`
`Lanham Act, 15 U.S.C. § 1064(3).
`
`WHEREFORE, in light of the foregoing reasons enumerated above, and such
`
`other reasons as the Board determines are just and appropriate, Petitioner
`
`respectfully prays that this Petition be sustained and that the Registration be
`
`cancelled in its entirety.
`
`Dated: 03/25/2024
`
`Respectfully submitted,
`
`Los Angeles, CA
`
`VENCOUNSEL, P.C.
`
`______________________________
`Alex L. Nguyen
`Cal Bar No. 326887
`21781 Ventura Blvd., Ste 188A
`Woodland Hills, CA 91364
`(818) 324-7671
`alex@vencounsel.com
`Attorney for Petitioner
`
`3
`
`
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