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

Intellectual Property Law

: The TTABlog

Precedential No. 18: TTAB Affirms Rejection of Trademark Specimen as Mere Advertising and not Point-of-Sale Display

The Board affirmed a refusal to register the mark ANPATH for "All purpose disinfectant cleaning preparations for household, commercial and industrial use" on the ground that the mark, as used on Applicant's specimens of use, fails to function as a trademark for Applicant's goods. Applicant argued that its specimens should be treated as point-of-sale displays, but the Board found the specimens to be mere promotional pieces touting the advantages of the products and lacking sufficient ordering information to qualify as a proper trademark specimen. In re Anpath Group, Inc., Serial No. 77004809 (May 13, 2010) [precedential].Applicant's specimen flyer(click on photo for larger picture)The Board observed that there is a "clear line of demarcation" between mere advertising materials (unacceptable) and point-of-purchase promotional materials (acceptable as a display associated with the goods)...continue to full post

Full post as published by The TTABlog on May 27, 2010 (boomark / email).