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TTAB Finds "DIGITALBOOK" Trademark Specimen Unacceptable

Affirming the PTO's refusal to register, the Board found Applicant Sagoma's specimen of use unacceptable for the mark DIGITALBOOK for, inter alia, binders for holding media discs. The specimen (shown below) fails to qualify as a display associated with the goods because it does not contain adequate ordering information. In re Sagoma Plastics, Inc., Serial No. 76576594 (July 11, 2008) [not precedential].(click for larger picture)Under Section 45 of the Trademark Act, in pertinent part, a mark is deemed to be in use in commerce on goods when it is placed on the goods or their containers, or on displays associated therewith. "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 consummatea sale...continue to full post

Full post as published by The TTABlog on July 23, 2008 (boomark / email).