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

Intellectual Property Law

: The TTABlog

TTAB Finds "X-PIPE" Generic for ... Guess What?

In a semi-exhaustive decision, the Board granted Opposer Bassani Manufacturing's motion for summary judgment, sustaining an opposition to registration of the term X-PIPE for "internal combustion engine exhausts" on the ground of genericness. Although Applicant Campbell used the term "in the manner of a trademark" on his website, that evidence failed to overcome the "clear evidence of genericness" submitted by Bassani. Bassani Manufacturing v. Monty Allen Campbell (March 17, 2009) [not precedential].The Board first found that the genus of Applicant's goods is "internal combustion engine exhausts which contain exhaust pipes and discharge pipes." The question, then, was whether the relevant public primarily understands X-PIPE to refer to that genus of goods...continue to full post

Full post as published by The TTABlog on April 09, 2009 (boomark / email).