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TTAB Sustains 2(a) Refusal of "P. MAURIAT" for Musical Instruments

The Board affirmed a Section 2(a) refusal to register the mark P. MAURIAT in the design form shown below, for "musical instruments," finding that the mark falsely suggests a connection with the late musician, Paul Mauriat. In re Hsieh, Serial No. 78367205 (October 29, 2008) [not precedential].Examining Attorney Anthony M. Rinker relied on Internet websites identifying Paul Mauriat as "the last big star of the space age pop era," on evidence that Paul Mauriat recordings are still available, and on Applicant's own website , which displayed photographs of Paul Mauriat, and he outlined Applicant's plan to sell musical instruments based on Paul Mauriat's lifestyle.Applicant Ming-Shan Shieh contended that a Section 2(a) refusal applies to a deceased individual only if "there is no longer anyone entitled to assert a proprietary right...continue to full post

Full post as published by The TTABlog on November 11, 2008 (boomark / email).