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Precedential No. 33: TTAB Affirms Refusal of "FREEDOM STONE" for Cornerstones as Title of a Single Work

After ruling that an amendment of Applicant's mark from FREEDOMSTONE to FREEDOM STONE was not a material alteration of the mark, the Board affirmed the PTO's refusal to register on that ground that Applicant's mark is the title of a single artistic work, namely, the cornerstone for the Freedom Tower building under construction at the World Trade Center site in New York City. In re Innovative Companies, LLC, Serial No. 76607252 (June 18, 2008) [precedential]. Drawing/Specimen Issue: Applicant originally filed for the mark FREEDOMSTONE as a single word mark. Its specimen of use, however, displayed the mark as two words (see specimen above). The Board first considered whether the mark in the drawing is a substantially exact reproduction of the mark as used on the goods...continue to full post

Full post as published by The TTABlog on June 26, 2008 (boomark / email).