TTAB Cancellation Proceeding No. 92089806 resulted in a motion to dismiss filed by Defendant Brothers Parson IP LLC against Plaintiff Gutter Brothers. The cancellation action concerns trademark THE BROTHERS THAT JUST DO GUTTERS. The motion was filed under Federal Rule of Civil Procedure 12(b), which allows dismissal for failure to state a claim upon which relief can be granted.\n\nPlaintiff Gutter Brothers must respond to this motion by either amending its cancellation petition to address the deficiencies identified in the motion, or by filing an opposition brief defending the sufficiency of its claims. Failure to respond or cure the pleading defects may result in dismissal of the cancellation action. Attorneys representing trademark holders in similar proceedings should ensure their pleadings meet the heightened pleading standards required in TTAB proceedings.