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TTAB Affirms Section 2(a) False Connection Refusal of "MOJAVE" for Cigarettes

Applying the four-element test of Buffett v. Chi-Chi's, Inc., 226 USPQ 428 (TTAB 1985), the Board affirmed a Section 2(a) refusal to register the mark MOJAVE for cigarettes, tobacco, and related paraphernalia, finding that the mark falsely suggests a connection with the Fort Mojave Indian Tribe of Arizona, Colorado & Nevada. In re G&R Brands, LLC, Serial No. 77011920 (November 21, 2008) [not precedential].In order to establish a false connection claim under Section 2(a), the PTO must establish the following four elements:(1) that the defendant's mark is the same or a close approximation of plaintiffs previously used name or identity;(2) that the mark would be recognized as such;(3) that the plaintiff is not connected with the activities performed by the defendant under the mark; and(4) that the plaintiff's name or identity is of sufficient fame or reputation that when the defendant's mark is used on the goods or services, a connection with the plaintiff would be presumed...continue to full post

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