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TTAB Rules That "SHINNECOCK" Marks for Cigarettes Suggest a False Connection with the Shinnecock Indian Nation

Finding that the two marks shown below, for cigarettes, falsely suggest a connection with the Shinnecock Indian Nation, the TTAB affirmed the PTO's Section 2(a) refusals to register. The Board rejected Applicant's assertion that the PTO's refusals were based on racial discrimination against Applicant, a sole proprietorship owned by a Native American named Jonathan K. Smith. In re Shinnecock Smoke Shop, Serial Nos. 78918061 and 78918500 (September 10, 2008) [not precedential].Section 2(a), in pertinent part, bars registration of a mark that "may ... falsely suggest a connection with persons, living or dead, [or] institutions ...." There are four elements to such a refusal:(1) the mark is the same as, or a close approximation of, the name or identity previously used by another person or institution; (2) the mark would be recognized as such, in that it points uniquely and unmistakably to that person or institution; (3) the person or institution named by the mark is not connected with the activities performed by applicant under the mark; and (4) the fame or reputation of the person or institution is such that, when the mark is used with the applicant's goods or services, a connection with the person or institution would be presumed...continue to full post

Full post as published by The TTABlog on October 08, 2008 (boomark / email).