TTAB Denies REVO Cancellation Petition for Failure to Prove Standing

The Board denied a petition for cancellation of a registration for the mark shown below for real estate brokerage services. Petitioner claimed that the mark had been abandoned. Neither party submitted evidence or testimony during the trial period and only petitioner filed a brief. The Board found that petitioner had failed to prove statutory standing, which alone was enough to justify denial of the petition. It also failed to provide any evidentiary support for its abandonment claim. Revo Holdings, LLC v. Revo Real Estate Inc. and RE Virtual Office Inc., Cancellation No. 92085621 (June 16, 2026) [not precedential] (Opinion by Judge Thomas L. Casagrande).

Petitioner did attach to its trial brief a set of interrogatories and document requests to which respondent had not responded. However, materials attached to a brief are not properly submitted evidence. Since respondent did not respond, they proved nothing anyway.

Of course, a plaintiff must prove its standing (i.e., its entitlement to a statutory cause of action) as a threshold matter in every inter partes proceeding. Petitioner did not address the issue in its brief. In its petition for cancellation it alleged only that it "believes it will be damaged by the continued registration of US Registration No. 4,066,391." It did not allege facts "which, if ultimately proven, would establish that petitioner has a real interest in the cancellation proceeding."

In addition to petitioner's deficient pleading, the Board reviewed respondent's answer and the file of its registration (which is automatically of record). However, neither contained "anything bearing on whether Petitioner has a reasonable belief in damage by continued registration."

Petitioner's failure to prove standing, by itself, required denial of the petition. Furthermore, the Board noted that the only admissible evidence in the case was the registration file and the pleadings, in which respondent denied abandonment. "Thus, there is no evidence supporting Petitioner’s sole claim that the mark has been abandoned." "This independently requires denial of the petition."

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TTABlogger comment: This dog won't hunt.

Text Copyright John L. Welch 2026.