TTAB Cancels Registration on Grounds of Abandonment as Respondent Fails to Prove Special Circumstances Excusing Nonuse

The TTAB cancelled a registration for the mark HALFANIMAL after finding that the registrant had failed to meet the burden of proof to show special circumstances excusing nonuse of the trademark and thus had failed to establish an intent to resume use.

Background:

Jesus Villa, a former Cirque du Soleil performer known by his nickname “Half Animal,” began selling apparel under the HALFANIMAL mark in 2007 and registered the trademark in 2008. He reportedly consigned apparel to stores in Las Vegas from 2006-2010 and also sold his clothing via a website.  However, he ceased using the mark at some point thereafter.

Garan Services Corp, owner of over 20 registrations for the children’s apparel brand GARANIMALS, filed a petition to cancel Villa’s HALFANIMAL registration, asserting that Villa had abandoned his mark, and that his mark created a false suggestion of a connection to Garan.  (Villa’s registration was more than five years old and thus no longer susceptible to cancellation on grounds of priority and likelihood of confusion.) Garan claimed that Villa had not used the HALFANIMAL mark for his apparel in commerce for at least seven consecutive years (2012–2019), noting that Villa had failed to produce documentary evidence of sales, such as sales records.

Villa argued in response that a life-threatening injury in 2013 led to serious health and memory issues that disrupted his business. He claimed that, during this period, he distributed apparel at his personal appearance events and that he began efforts in 2019 to relaunch his website and online store, including ordering product samples. However, he failed to submit reliable documentation or consistent testimony to support any commercial use of the mark during this period.

Decision:

The TTAB found that Villa’s testimony was inconsistent and lacked credibility, and that it was not supported by documentary evidence such as photographs or receipts. While he did submit some evidence containing references to HALFANIMAL, it merely showed HALFANIMAL as a personal nickname, not as a trademark associated with the sale of apparel. Furthermore, during cross-examination, Villa failed to satisfactorily explain inconsistencies between his discovery deposition and trial declarations.

Villa contended that any period of nonuse was excusable due to extraordinary circumstances—namely, his near-fatal accident in 2013—and that his ongoing brand-building efforts before and after the injury rebutted any presumption of abandonment. However, the TTAB found this argument unpersuasive, noting that no medical records or statements from healthcare providers were submitted to corroborate the nature and impact of his injuries. Given the internal inconsistencies in Villa’s testimony, the TTAB deemed the absence of such records significant.

Ultimately, the TTAB concluded that Villa had failed to rebut Garan’s prima facie showing of abandonment and did not overcome the presumption that his non-use was coupled with an “intent not to resume use.”  As a result, the TTAB ordered that Villa’s registration be cancelled due to abandonment.

This case is Garan Services Corp. v. Jesus Villa, Cancellation No. 92074777 (TTAB March 31, 2025).