Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

TTABlog Guest Comment: Marty Schwimmer on TTAB's "CUBITA" Summary Judgment Under The Pan American Convention

Pursuant to Article 7 of the Pan American Convention, the Board granted Opposer's motion for summary judgment in its opposition to registration of the mark CUBITA in the design form shown immediately below, for "coffee." The Board ruled that Opposer, a Cuban company, had standing to bring the opposition and enjoys priority over Applicant by reason of Opposer's ownership of the CUBITA mark in Cuba and its pending application to register that mark in the United States under Section 44 of the Trademark Act. Corporation Cimex, S.A. v. DM Enterprises & Distributors Inc., Opposition No. 91178943 (November 17, 2008) [not precedential]. [Marty Schwimmer of the Trademark Blog comments below.]Cuba and the United States are parties to the Pan American Convention, which is self-executing and "has the same force as a federal statute and provides remedies independent of the Lanham Act...continue to full post

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