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

Intellectual Property Law

: The TTABlog

Precedential No. 1: Section 66(a) Applicant Wins TTAB Priority Contest in "FRUITOLOGY" 2(d) Dispute

In a priority battle involving two applications to register the mark FRUITOLOGY for "overlapping or legally identical goods," the Board found that the Section 66(a) application filed by French company Danone had priority over the Section 1(b) application of Texas company, Precision Formulations. The Board therefore granted summary judgment to Danone in its opposition and granted Danone's motion to dismiss in the other opposition. Compagnie Gervais Danone v. Precision Formulations, LLC, Opposition No. 91179589; Precision Formulations, LLC v. Compagnie Gervais Danone, Opposition No. 91184174 (January 5, 2009) [precedential].Precision's filing date of February 21, 2007 for its ITU application was its constructive first use date. The question was: could Danone beat that date?As to Danone's application under Section 66, the applicable filing date was May 22, 2007, the date of issuance of its International Registration...continue to full post

Full post as published by The TTABlog on January 16, 2009 (boomark / email).