Case: 20-2120 Document: 51 Page: 1 Filed: 10/13/2021

NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

IBKUL UBHOT LTD., Appellant

v.

ALFWEAR, INC., Appellee ______________________

2020-2120 ______________________

Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board in No. 91233985. ______________________

Decided: October 13, 2021 ______________________

DARREN J. QUINN, Law Offices of Darren J. Quinn, Del Mar, CA, argued for appellant.

S. BRANDON OWEN, Ray Quinney & Nebeker P.C., Salt Lake City, UT, argued for appellee. Also represented by ADAM RICHARDS; TRENT BAKER, Baker IP PLLC, Salt Lake City, UT. ______________________ Case: 20-2120 Document: 51 Page: 2 Filed: 10/13/2021

2 IBKUL UBHOT LTD. v. ALFWEAR, INC.

Before MOORE, Chief Judge, PROST and TARANTO, Circuit Judges. PER CURIAM. IBKUL UBHOT LTD. appeals a Trademark Trial and Appeal Board decision sustaining Alfwear, Inc.’s opposition to registration of a mark, “IBKÜL.” Alfwear, Inc. v. IBKUL UBHOT LTD., Opposition No. 91233985, 2020 WL 3429163, at *1 (T.T.A.B. June 2, 2020). Although Alfwear alleged consumers would likely confuse IBKÜL with four of Alfwear’s registered marks, the Board considered confu- sion with respect to only one of those marks, “KÜHL.” Id. at *8. After the Board’s decision and while this appeal was pending, the KÜHL mark was cancelled because Alfwear failed to file a declaration of use under 15 U.S.C. § 1058. The parties agree that cancellation necessarily impacts the Board’s findings. Accordingly, we vacate and remand for the Board to reconsider its findings in light of the cancella- tion. VACATED AND REMANDED COSTS No costs.