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TTAB Says "CONTINUUM" Mark is Supported by Specimens Displaying "INDIA CONTINUUM FUND"

In a surprising decision, the Board reversed a refusal to register the mark CONTINUUM for financial investment services, finding that Applicant's drawing (for the word CONTINUUM in standard characters) is a substantially exact representation of the mark as shown on Applicant's specimens of use (depicted below). In re Hudson Fairfax Group LLC, Serial No. 76662560 (November 21, 2008) [not precedential].Rule 2.51(a) requires that "the drawing of the mark must be a substantially exact representation of the mark as used on or in connection with the goods and/or services." The Examining Attorney understandably contended that "the specimens show the mark as INDIA CONTINUUM FUND, and therefore that CONTINUUM, shown in the drawing, is a mutilation of that mark...continue to full post

Full post as published by The TTABlog on December 03, 2008 (boomark / email).