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Test Your TTAB Judge-Ability on This Specimen of Use Question

Applicant sought to register the word marks SEELECT TEA and SEELECT TEA & NUTRITION for dietary supplements and herb teas, but the Examining Attorney refused registration on the ground that the marks, as displayed on the specimen of use, do not function as source indicators. On the specimen packaging (see below) the marks appear only just above the bar code in the form: "SEELECT TEA? and SEELECT TEA & NUTRITION? are trademarks of Seelect, Inc." The question for you: is that a proper trademark use of the applied-for marks? In re Seelect, Inc., Serial Nos. 76671619 and 76671623 (April 7, 2010) [not precedential].The Examining Attorney pointed out that the marks appear on the bottom of the packaging in a small font. The average consumer would perceive Applicant's mark to be the stylized "SEELECT" mark that appears on the top of the packaging (and which is a registered trademark), and he or she would see the statement regarding the applied-for marks as being merely informational...continue to full post

Full post as published by The TTABlog on April 23, 2010 (boomark / email).