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TTAB Affirms Refusal to Allow Amendment of "SILENT FIREMAN" to "YOUR SILENT FIREMAN"

By John L. Welch

The Board affirmed the PTO's refusal to register the mark SILENT FIREMAN for flame retardant goods and fire prevention inspection services, because the mark in the drawing (i.e., the word mark SILENT FIREMAN) is not an exact representation of the mark in the specimens of use. Furthermore, an amendment of the drawing to YOUR SILENT FIREMAN (to comport with the specimens) would be impermissible because it would constitute a material alteration of the original mark. In re No-Burn Investments, L.L.C., Serial No. 76629397 (November 30, 2007) [not precedential].The Board quickly disposed of the first issue: whether the mark that appears on the application drawing (SILENT FIREMAN) is a substantially exact representation of the mark shown in the specimens (Rule 2...continue to full post

Full post as published by The TTABlog on December 13, 2007 (boomark / email).