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

Intellectual Property Law

: The TTABlog

Precedential No. 23: Finding Third-Party Registrations Not Probative, TTAB Reverses 2(d) Refusal

In this precedential ruling, the Board reversed a Section 2(d) refusal to register the mark EPIC for "personal headlamps," finding the mark not confusingly similar to the identical mark for "electric lighting fixtures." The Board took a dim view of the third-party registrations introduced by the Examining Attorney, deeming them not probative and pointing out that that "examining attorneys must review the registrations carefully to ensure that each registration presented is probative and that the number of registrations is sufficient, along with other types of evidence, to establish that the types of goods at issue are related." In re Princeton Tectonics, Inc., Serial No. 77436425 (June 16, 2010) [precedential].The Examining Attorney first feebly argued that personal headlamps and electric lighting fixtures are related because both emit light...continue to full post

Full post as published by The TTABlog on June 24, 2010 (boomark / email).