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Precedential No. 30: TTAB Okays Warranty Services for Applicant's Goods Sold Under Third-Party Marks

The Board reversed a refusal to register the service mark HOP for "providing warranties to consumers and retailers on power-operated outdoor products, namely, power-operated chainsaws, edgers, ...." The Examining Attorney maintained that warranting one?s own products is an activity that is merely incidental or ancillary to the sale of the goods, and therefore is not a service within the meaning of the Trademark Act. Applicant Husqvarna, however, convinced the Board that its warranty services involve not only its own goods, but also goods sold through third parties under their marks. In re Husqvarna Aktiebolag, Serial No. 78899587 (July 17, 2009) [precedential].The question on appeal, then, was "whether applicant's activities, as set forth in its identification of services, constitute a service for which a service mark registration may be issued...continue to full post

Full post as published by The TTABlog on July 27, 2009 (boomark / email).