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TTAB Affirms Rejection of Catalog Page as Trademark Specimen of Use

Distinguishing In re Valenite Inc., 84 USPQ2d 1346 (TTAB 2007), the Board found Applicant U.S. Tsubaki, Inc.'s specimen of use unacceptable, and so affirmed a refusal to register the mark TSUBAKI: THE CHOICE FOR CHAIN for machines and various machine parts. In re U.S. Tsubaki, Inc., Serial No. 78698066 (June 17, 2008) [not precedential].(Click on photo for larger image)Applicant Tsubaki submitted an excerpt from a catalog as its specimen of use (see above). Examining Attorney Anthony M. Rinker maintained that the specimen did not qualify as a display associated with the goods. (See Lanham Act Section 45 (definition of "use in commerce") and Rule 2.56(b)(1)).The Board observed that a display used in association with the goods "is essentially a point-of-sale display designed to catch the attention of purchasers as an inducement to consummate a sale...continue to full post

Full post as published by The TTABlog on July 02, 2008 (boomark / email).