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Finding Autos and Tires Not Closely Related, TTAB Reverses 2(d) Refusal of "ECHELON"

In this rather strange case, both Applicant Hyundai and the Trademark Examining Attorney urged the Board to reverse a Section 2(d) refusal of the mark ECHELON for automobiles that was based on the identical mark registered for "automotive tires." The Examining Attorney had considered himself bound by In re Jeep Corporation, 223 USPQ 333 (TTAB 1984), and along with Hyundai argued that Jeep should be overturned. The Board, however, distinguished Jeep on its facts, finding no per se rule in Jeep that needed overturning. In re Hyundai Motor America, Serial No. 78889340 (September 14, 2009) [not precedential].The Examining Attorney maintained his final refusal based on Jeep, but he also submitted website evidence supporting Applicant's position. At the oral hearing, both he and Applicant Hyundai argued for reversal of the refusal...continue to full post

Full post as published by The TTABlog on September 15, 2009 (boomark / email).