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Finding Customized Tapestry Ordering Kits Not to be Goods in Trade, TTAB Affirms Refusal to Register "WOVEN MOMENTS"

Finding that Applicant was seeking to register a marketing technique or method for its custom imprinting services, the TTAB affirmed a refusal to register the mark WOVEN MOMENTS for "kits consisting primarily of a box, an order form, a mailer, and an authorization key code, sold together as a unit, for use in submitting an image and obtaining blanket throws and tapestries bearing the image." The Board ruled that these kits are not "goods in trade" and it therefore affirmed the refusal under Sections 1, 2, and 45 of the Trademark Act. In re The Manual Woodworkers & Weavers Inc., Serial No. 76653876 (September 5, 2008) [not precedential].Examining Attorney Michael P. Keating aptly pointed out the key question: whether the subject mark "is being used to identify goods that are sold or transported in commerce or that have utility to others...continue to full post

Full post as published by The TTABlog on September 16, 2008 (boomark / email).