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TTAB Holds "NEW MEXICO RAILRUNNER" ITU Application Void Under Section 10 Due To Improper Assignment

Finding that Applicant New Mexico Mid-Region Council of Governments ("MRCOG") had violated Section 10 of the Trademark Act when it assigned its ITU application for the mark NEW MEXICO RAILRUNNER to the New Mexico Department of Transportation ("NMDOT"), the Board granted summary judgment to Opposer Railrunner N.A., Inc. It ruled that MRCOG and NMDOT failed to overcome Opposer's prima facie case that the application was assigned without the transfer of any part of Applicant MRCOG's business. Railrunner N.A., Inc. v. New Mexico Department of Transportation and New Mexico Mid-Region Council of Governments, Opposition No. 91172851 (July 17, 2008) [not precedential].The Board observed that Section 10 of the Trademark Act in essence provides that, "prior to the filing of an allegation of use, ...continue to full post

Full post as published by The TTABlog on July 24, 2008 (boomark / email).