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Finding "ACURA" and "RL" Too Far Apart on Specimens, TTAB Affirms Refusal of "ACURA RL" for Autos

Applicant Honda's specimens of use for the mark ACURA RL for "automobiles and structural parts therefor" were not in accord with PTO requirements because they "left the impression" of two marks rather than one. And so the Board affirmed the PTO's refusal to register in light of Honda's failure to provide an acceptable specimen of use. In re Honda Motor Co., Ltd., Serial No. 77044023 (February 23, 2009) [not precedential].Original SpecimenThe Board began its opinion with a discussion of Honda's attempt to belatedly introduce evidence after it filed its notice of appeal. Strangely, Honda first argued it was "never specifically advised ... that it could submit evidence or argument in an attempt to convince the examining attorney that the requirement itself [for a new specimen] was incorrect...continue to full post

Full post as published by The TTABlog on March 11, 2009 (boomark / email).