CAFC Reverses TTAB's "MONEY MART" Decision Due To Error In Assessing Priority

In a non-precedential ruling, the CAFC reversed the Board's decision [here] denying cancellation of registrations for the mark MONEY MART in standard character form for loan financing, check cashing services, not including pawn shop services, and for the mark in design form (below) for pawn shop and pawn brokerage services, concluding that the Board had erred in denying petitioner's claim of priority. The Board had found that Respondent Dollar Financial had priority because of earlier use of the MONEY MART mark for "loan financing services," which encompass pawn shop services. Wrong, said the court. Brittex Financial, Inc. v. Dollar Financial Group, Inc.  Appeals Nos. 2021-1370 and 2021-1449 (Fed. Cir. November 23, 2021) [not precedential].