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TTAB Finds No Trademark Rights in OEM Who Applied "WASTEMAID" Mark at Others' Direction

In a 41-page, fact-packed opinion, the Board disposed of Anaheim Manufacturing Company's opposition to registration of the mark WASTEMAID in the design form shown below, for "food waste disposers, garbage disposers." Discarding Anaheim's likelihood of confusion claim (as well as its fraud and lack-of-bona-fide-intent claims, the Board found that Anaheim is a private label supplier who placed the subject mark on products at the direction of others, and never used the mark to identify itself as the source of the products. Because the opposed application was based on intent-to-use, the opposition was dismissed contingent upon the issuance of a registration certificate to Joneca Corporation. Anaheim Manufacturing Company v. Joneca Corporation, Opposition No...continue to full post

Full post as published by The TTABlog on April 14, 2009 (boomark / email).