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"DUNES" on Slot Machines not a Proper Specimen for Casino Services, Says TTAB

Applicant Ballagio, LLC crapped out in its attempt to register the mark DUNES for casino services. Its specimen of use showed the mark on slot machines, but that was not enough to create a direct association between the mark and Applicant?s casino services. And so the Board affirmed the PTO's refusal to register under Section 45 of the Trademark Act. In re Bellagio, LLC, Serial No. 77175007 (June 2, 2009) [not precedential].Bellagio's specimen was a color photograph (above) of a slot machine. It argued that "DUNE-branded slot machine appear throughout the Bellagio casino floor. Consumers encountering the DUNES slot machines are undoubtedly aware that the machines themselves are not for sale." According to Bellagio, the machines are used for gaming, which is the service offered by Applicant, and therefore there is a direct association between the DUNES mark and its casino services...continue to full post

Full post as published by The TTABlog on June 18, 2009 (boomark / email).