TTAB Dismisses STATUS SYMBOL Section 2(d) Opposition: Failure To Prove Priority

Opposer Status Symbol Clothing claimed that the applicant's mark STATUS SYMBOL (Stylized) for clothing and footwear is likely to cause confusion with opposer's common law mark STATUS SYMBOL CLOTHING for various clothing items. The applicant neither submitted evidence or testimony, nor filed a brief. However, the applicant prevailed. Status Symbol Clothing Brand LLC v. Status Symbol LLC, Opposition No. 91264572 (December 12, 2022) [not precedential] (Opinion by Judge Martha B. Allard).

To prove priority, opposer had to show that it used its mark in connection with its pleaded goods prior to April 10, 2020, the applicant's filing date and constructive first use date. Opposer pointed to its pending application for its mark - which stated a first use date in 2018 - and the accompanying specimen of use. However, the Board observed, "it is well-settled that the allegation of a date of use of a mark made in an application or registration is not evidence in the