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Precedential No. 4: TTAB Affirms Triple Refusal of "NORMANDIE CAMEMBERT" for Cheese

By John L. Welch

Applicant Cheezhwse.com, which lost the NAPOLEON BRIE case last October (TTABlogged here), racked up another "L" before the TTAB. This time it hit the TTAB trifecta when the Board affirmed three refusals to register the mark NORMANDIE CAMEMBERT for cheese. Can you guess what the three grounds were? In re Cheezwhse.com, Inc., Serial No. 78694122 (February 1, 2008) [precedential].TTABlogger in Normandy (2005)Well, I doubt you would have guessed the first one: Applicant failed to comply with the PTO's requirement under Rule 2.61(b) for further information as to the geographic origin of the mark. In fact, "applicant failed to even acknowledge the requirement, much less comply with it." [With regard to this totally avoidable refusal, see my article entitled "Six Potential Pitfalls in Trademark Prosecution," and particularly part 5 thereof, entitled, "When the Examining Attorney Says Jump ...continue to full post

Full post as published by The TTABlog on February 08, 2008 (boomark / email).