In Retrobrands USA LLC v. Intercontinental Great Brands LLC, the Trademark Trial and Appeal Board (TTAB) found that Retrobrands failed to prove that the well-known trademark CHICLETS for chewing gum had been abandoned. The TTAB also found that Intercontinental affirmatively established intent to resume use. The non-precedential decision illustrates the challenges of proving nonuse abandonment, and specifically, a registrant’s intent not to resume use. It also serves as a guide for legacy brand owners to avoid abandonment of valuable trademarks.
