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Intellectual Property Law

: The TTABlog

TTAB Sustains 2(d) Opposition to LIFE FOR THE LIVING over LIFE INSURANCE FOR LIVING, Rejects Genericness and Abandonment Counterclaims

In a 43-page decision, the Board sustained a Section 2(d) opposition to registration of the mark LIFE FOR THE LIVING for "insurance agency services in the field of life insurance," finding it likely to cause confusion with the registered mark LIFE INSURANCE FOR LIVING for "universal life insurance underwriting that prepays the death benefit for long-term care." The Board found no evidence supporting Applicant LifeVentures Corp.'s affirmative defense of genericness, and Applicant's abandonment defense likewise kicked the TTABucket. Lincoln National Life Insurance Company v. LifeVentures Corp., Opposition No. 91179205 (March 14, 2011) [not precedential].Evidentiary issues: The Board first dealt with several procedural/evidentiary issues. It chastised the parties for their over-designation of material as confidential, and decided to treat as confidential "only testimony and evidence that we find to be truly confidential and commercially sensitive...continue to full post

Full post as published by The TTABlog on March 22, 2011 (boomark / email).