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TTAB Cancels "THE COLD WAR MUSEUM" Registration, Respondents Fail to Prove Acquired Distinctiveness

The Board granted a petition to cancel a registration for the mark THE COLD WAR MUSEUM for "museum services," finding the mark merely descriptive and lacking in acquired distinctiveness. Respondents, whose registration issued under Section 2(f), failed to submit evidence of acquired distinctiveness in this proceeding, and consequently the Board ruled in Petitioner's favor. Cold War Air Museum, Inc. v. The Cold War Museum, Inc. and Francis Gary Powers, Jr., Cancellation No. 92047391 (October 20, 2008) [not precedential].Petitioner, operator of the Cold War Air Museum, was accused of infringing the subject mark, and therefore it had standing to bring this petition for cancellation.Genericness: Petitioner first alleged, unsuccessfully, that THE COLD WAR MUSEUM is generic for Respondents' services...continue to full post

Full post as published by The TTABlog on November 07, 2008 (boomark / email).