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Finding PTO Evidence Inadequate, TTAB Reverses 2(a) and 2(d) Refusals of "HEINEKEN" for Meat Juices

Canadian Robert V. Marcon has done it again. In March 2008, the Board reversed a Section 2(a) refusal of his application to register L'OREAL PARIS for aloe vera drinks because the PTO failed to prove that the French company of that name "is of sufficient fame or reputation to consumers in the United States" that a false connection would be presumed." (TTABlogged here). This time he not only knocked out a Section 2(a) refusal of the mark HEINEKEN for "meat juices," again because of the PTO's inadequate proof, but he also overcame a Section 2(d) refusal. In re Robert V. Marcon, Serial No. 78288366 (April 28, 2008) [not precedential].Section 2(a): The PTO submitted only the following evidence in support of its refusal: (1) two sets of GOOGLE brand search engine "hit list" result pages; and (2) printouts from the Heineken brewery website...continue to full post

Full post as published by The TTABlog on May 12, 2008 (boomark / email).