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Precedential No. 21: Finding Old "LASALLE" Automobile Mark Abandoned, TTAB Dismisses General Motors' Opposition for Lack of Priority

By John L. Welch

Rejecting the claim of General Motors that it still owns rights in the mark LASALLE, the Board dismissed an opposition to registration of the mark LA SALLE for motor vehicles, including automobiles. Applicant Aristide appeared pro se and neither submitted evidence nor filed a brief, which is usually a formula for disaster at the TTAB. Not so this time. General Motors Corp. v. Aristide & Co., Antiquaire de Marques, Opposition No. 91167007 (April 21, 2008) [precedential].Under Section 67 of the Trademark Act, Applicant was entitled to rely on the filing date of its foreign priority application as its constructive first use date: December 15, 2003. The first question for the Board, then, was whether General Motors possesses common law trademark rights from a date prior to Applicant's priority date...continue to full post

Full post as published by The TTABlog on April 28, 2008 (boomark / email).