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Test Your TTAB Judge-Ability on this Specimen of Use

Here's a deli-cate appellate situation: Applicant seeks to register the mark DELI EXPRESS SAN LUIS in standard character form for "burritos; snack cakes; and snack rolls, namely, sweet rolls." Examining Attorney Nakia D. Henry refused registration on the ground that the mark in the drawing (i.e., DELI EXPRESS SAN LUIS) is not a substantially exact representation of the mark as it appears on the specimen (shown immediately below). See Section 1(d)(1) of the Act, and Trademark Rule 2.51. Would you affirm or reverse the refusal? In re E.A. Sween Company, Serial No. 77048091 (January 12, 2010) [not precedential].Applicant E.A. Sween Company owns registrations for SAN LUIS and for DELI EXPRESS. It argued that the applied-for mark "is merely a composite of these previously-registered marks and that it is 'free to choose the elements of its composite marks that it wants to register,' citing to TBMP Sec...continue to full post

Full post as published by The TTABlog on January 14, 2010 (boomark / email).