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TTAB Tosses Out Bankrupt Opposition to "SECRETS OF THE MILLIONAIRE MIND"

Opposer Learning Annex was schooled by the TTAB in its opposition to registration of the mark SECRETS OF THE MILLIONAIRE MIND for tapes and CDs, various printed materials, and educational services relating to self-improvement and wealth accumulation: (A) Opposer neglected to prove its standing; (B) Opposer failed to establish that the subject mark is merely descriptive under Section 2(e)(1); and (C) Opposer wrongly asserted that the mark is unregistrable as the title of a single work, since "the application is based on intention to use the mark in commerce and this record does not establish that applicant will not use this proposed mark in connection with its International Class 9 goods on a series of creative works." Learning Annex Holdings, LLC v...continue to full post

Full post as published by The TTABlog on August 21, 2009 (boomark / email).