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Precedential No. 3: TTAB Dismisses Claim Invoking Unsatisfiable Santiago Trademark Convention

In a case of first impression, Opposer Franpovi, S.A., a joint-stock company of the Dominican Republic, invoked the Santiago Convention in seeking to block registration of the mark POLLOS VICTORINA (standard characters, but in the color red) for restaurant services. The Board ruled that Opposer did not and indeed could not satisfy the requirements of that treaty, and so it granted summary judgment to Applicants, dismissing this particular claim. Franpovi, S.A. v. Rosalinda Wessin and Daniel Pena, 89 USPQ2d 1637 (TTAB 2009) [precedential].Opposer alleged that it owns valid registrations in the Dominican Republic for the mark POLLOS VICTORINA for restaurant services, that it is entitled to prevent Applicants' registration under the Convention for the Protection of Commercial, Industrial and Agricultural Trade Marks and Commercial Names ("the Santiago Convention"), 44 Stat...continue to full post

Full post as published by The TTABlog on February 24, 2009 (boomark / email).