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Precedential No. 36: Finding Specimen Doesn't Match Drawing, TTAB Affirms Refusal of "UPPER 90" for Clothing

In its attempt to register the mark UPPER 90 for various clothing items, Applicant Yale Sportswear Corp. was shown a red card because it violated Trademark Rule 2.51(b), which states that "the drawing of the mark must be a substantially exact representation of the mark as used on ... the goods ...." Yale's specimen of use (the hangtag shown immediately below) includes a degree symbol after "90", a difference that, according to the Board, "substantially changes the overall impression of the mark." In re Yale Sportswear Corp., Application Serial No. 78653373 (July 3, 2008) [precedential].Yale provided two declarations, one from its marketing director and the other from a soccer coach and player, asserting that "in the soccer world, the ordinary consumer of the goods in this case, the addition of [the degree symbol] to UPPER 90 would not constitute a material alteration of the mark...continue to full post

Full post as published by The TTABlog on July 09, 2008 (boomark / email).