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TTABlog Twin-Bill: Two More "Bad Specimen" Cases To Ponder

Today we have two more "bad specimen" cases that, for better or worse, were taken up on appeal. In the first, Applicant Atlas Media (who beat a bad-specimen rap in January [TTABlogged here]), was hoping to register the mark HOW NOT TO DIE for a television program about longevity. But its specimen of use (immediately below) was dead on arrival. In re Atlas Media Corp., Serial No. 76685286 (March 6, 2009).The specimen comprised a sheet of paper that Applicant characterized as promotional material. Examining Attorney Rudy R. Singleton pointed out that the specimen included no reference to a television program, and so consumers "will not perceive the involved mark as identifying the source of such services."Atlas's attorney, Myron Amer, submitted a declaration of its president, stating that Atlas owns several service mark registrations for television services and that "the specimen of record is the practice in the trade of carrying on the business of the registrations...continue to full post

Full post as published by The TTABlog on March 13, 2009 (boomark / email).