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

Intellectual Property Law

: The TTABlog

TTAB Affirms Rejection of SOU filed by Assignor After Assignment

AmericasourceBergen Corp. (ABC) and PMSI Inc. were slightly off in their timing in filing a Statement of Use for the mark PMSI MSA for "healthcare cost containment" services. ABC filed the SOU on September 10, 2008, but it had assigned the mark to PMSI on September 8, 2008 (after ABC signed the SOU on that same day). Oops! The Board agreed with Examining Attorney Deirdre G. Robertson that the Statement of Use was ineffective because it was not filed by the owner of the mark, and so the Board affirmed the refusal to register. In re PMSI, Inc., Serial No. 76667397 (June 3, 2009) [not precedential].The notice of allowance issued on April 1, 2008, so ABC's Statement of Use was due on or before October 1, 2008. When it filed the SOU on September 10th, it did not request an extension of time...continue to full post

Full post as published by The TTABlog on June 17, 2009 (boomark / email).