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Precedential No. 35: Finding Mutilation, TTAB Affirms Refusal of Applicant's Two Bottle Mark

Applicant Pharmavite LLC got nowhere fast in its attempt to register the mark shown to the right (comprising a drawing of two overlapping bottles) for dietary supplements. The Board agreed with Examining Attorney Daneen J. Hetzel that the applied-for mark "is not a substantially exact representation of the mark as shown in applicant's specimen" (immediately below), as required by Trademark Rule 2.51(a). In re Pharmavite LLC, Serial No. 773333250 (August 17, 2009) [precedential].The Board recognized that the determination in a mutilation case is "somewhat subjective." The essential issue was whether "the alleged mark in applicant's drawing creates a distinct commercial impression separate and apart from the words and designs appearing on the bottles...continue to full post

Full post as published by The TTABlog on August 28, 2009 (boomark / email).