Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

Precedential No. 17: TTAB Says Section 18 Not Available for Requiring Disclaimer of Generic Part of Mark Registered for More Than 5 Years

In what appears to be a case of first impression involving application of Section 18 of the Trademark Act, the Board granted Respondent Anzar's motion to dismiss a petition for cancellation of a more-than-five-year-old registration for the mark MONTEPIO & Design for "pawn shop services" on the ground that the petition failed to state a claim on which relief can be granted. Petitioner Montecash alleged that MONTEPIO means "pawnshop" in Spanish and is therefore generic, requiring (1) cancellation of the entire registration, or (2) cancellation of the registration in part (i.e., removal of the word MONTEPIO), or (3) restriction of the registration under Section 18 by entering a disclaimer of MONTEPIO. Montecash LLC v. Anzar Enterprises, Inc...continue to full post

Full post as published by The TTABlog on May 26, 2010 (boomark / email).