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Precedential No. 42: TTAB Reverses 2(a) False Connection Refusal of "MARIA CALLAS" for Jewelry

Ruling that the PTO failed to carry its burden of proof, the Board reversed a Section 2(a) "false connection" refusal of the mark MARIA CALLAS for jewelry and other goods. In order to establish this Section 2(a) bar to registration of a now-deceased natural person's name, the PTO must show, inter alia, that there are heirs or other successors who are entitled to assert that person's right to the use of the designation. Here, the "contradictory" evidence led the Board to give the Applicant the benefit of the doubt. In re MC MC S.r.l., Application No. 79022561 (September 26, 2008) [precedential].Maria CallasThe PTO maintained that: "(1) the name in the proposed mark, MARIA CALLAS, is the same as the name of the famous, deceased opera singer Maria Callas, (2) the proposed mark would be recognized as being the same as that of the singer Maria Callas, (3) no one associated with the deceased singer Maria Callas, her heirs and/or her estate is connected with the goods sold by applicant, and (4) the fame and reputation of the singer Maria Callas is such that consumers of applicant?s goods will presume a connection between her and the applicant?s goods...continue to full post

Full post as published by The TTABlog on October 10, 2008 (boomark / email).