Precedential No. 26: Claim Preclusion Inapplicable In Concurrent Use Proceeding After Cancellation Or Opposition Proceeding

Applicant Haider Capital sought a concurrent registration for the mark SKIN DEEP for beauty salon and health spa services, naming registrant Skin Deep Laser as an excepted user. Skin Deep Laser filed a motion for summary judgment on the ground of claim preclusion in light of an earlier petition for cancellation brought by Haider against Skin Deep Laser and dismissed with prejudice. The Board denied the motion, ruling that because the transactional facts relevant in a concurrent use proceeding are different from those involved in a cancellation (or opposition) proceeding, claim preclusion is inapplicable. Haider Capital Holding Corporation LLC v. Skin Deep Laser MD, LLC, 2021 USPQ2d 991 (TTAB 2021) [precedential].