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Precedential No. 28: TTAB Finds Drawings OK, But Packing Label Specimen Fails to Show Service Mark Use

Pondering the propriety of Applicant wTe Corporation's drawings and specimens, the Board rendered a split decision in In re wTe Corp., Serial Nos. 78227268 and 78227272 (May 13, 2008) [precedential]. It found the drawings for the mark SPECTRAMET to be a substantially exact reproductions of the mark as used on the specimens, but it agreed with the PTO that Applicant's service mark specimen did not show use of the mark for the recited services.Applicant's trademark specimenThe Examining Attorney rather feebly argued in both applications that "the specimen does not match the drawing of the mark" because the drawing shows a typed mark but the "c" has been replaced by an arrow design in the specimens of use. According to the Examining Attorney, the arrow design could be perceived as an "o...continue to full post

Full post as published by The TTABlog on June 04, 2008 (boomark / email).