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Precedential No. 35: Despite Amendment of Application, TTAB Sustains Fraud Claim in "GRAND CANYON WEST" Opposition

The Hualapai Tribe was knocked out in the second round in its attempt to register GRAND CANYON WEST for various sightseeing services. In the first round [TTABlogged here], the Board sustained in part the opposition of Grand Canyon West Ranch on the ground of nonuse of the subject mark for some of Applicant's services, and it granted Applicant's motion to deleted those "unused" services. Opposer then obtained leave to add a fraud claim, and the Board has now sustained the opposition on that ground. Grand Canyon West Ranch, LLC v. Hualapai Tribe, Opposition No. 91162008 (June 30, 2008) [precedential].The first two-thirds of this decision deals with the Board's ruling that the mark GRAND CANYON WEST is merely descriptive and/or primarily geographically descriptive of the Tribe's services...continue to full post

Full post as published by The TTABlog on July 08, 2008 (boomark / email).