Nubreed Nutrition, Inc. v. JRM NutraSciences, LLC

This Opinion is Not a
Precedent of the TTAB

Mailed: July 8, 2019


Trademark Trial and Appeal Board

Nubreed Nutrition, Inc.
JRM NutraSciences, LLC

Cancellation No. 92064978

Charles C. Weller of Charles C. Weller, A.P.C.,
for Nubreed Nutrition, Inc.

Thomas D. Foster of TDFoster IP Law,
for JRM NutraSciences, LLC.


Before Bergsman, Adlin, and Coggins,
Administrative Trademark Judges.

Opinion by Coggins, Administrative Trademark Judge:

Petitioner Nubreed Nutrition, Inc. petitions to cancel Respondent JRM

NutraSciences, LLC’s Registration No. 4609542 for the mark MENACE1 in standard

characters for “dietary and nutritional supplements; herbal supplements;

nutraceuticals for use as dietary supplements; weight loss dietary supplements; pre-

1Issued on the Principal Register on September 23, 2014, under Trademark Act Section 1(a),
15 U.S.C. § 1051(a), from an application filed February 21, 2014.
Cancellation No. 92064978

workout energy powder drink mixes, namely, nutritional supplement in the nature

of a nutrient-dense, protein-based drink mix” in International Class 5 on the ground

of likelihood of confusion under Section 2(d) of the Act, 15 U.S.C. § 1152(d).2

On June 14, 2019, after Petitioner filed its main brief on the case in which it stated

that the parties entered into a settlement agreement in which Respondent had

“agreed to permanently cease and desist from all use in the United States of [the

mark] ‘MENACE,’”3 Respondent was allowed time in which to show cause why the

Board should not enter judgment against it in view of its agreement to permanently

stop use of the mark MENACE in the United States.4 No response to the show cause

order having been filed, judgment is hereby entered against Respondent.

Decision: The petition to cancel Respondent’s Registration No. 4609542 for the

mark MENACE is granted, and the registration will be cancelled in due course.

2 1 TTABVUE (Petition for Cancellation); 10 TTABVUE (Petitioner’s Trial Brief).
3 Brief, p. 4 (10 TTABVUE 5).
4 12 TTABVUE (Show Cause Order); 6 TTABVUE 5-12 (Settlement Agreement).