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TTAB Affirms Rejection of Catalogue Specimen for "CELLAR 360" for Wine

Applicant submitted, as its specimen of use for the mark CELLAR 360 for wine, a catalogue mailed to prospective customers, with the mark appearing on the cover (see below). Examining Attorney Karen K. Bush refused registration under Sections 1, 2, and 45 of the Trademark Act on the ground that the specimen does not show use of the applied-for mark as a trademark for the goods. The Board affirmed the refusal. In re Foster's Wine Estates Americas Company, Serial No. 77018496 (June 16, 2010) [not precedential].Applicant argued that the specimen is proper under Land's End and Sones as a display associated with the goods. The Board, however, agreed with the Examining Attorney that the mark "functions only as a service mark associated with the consumers? ordering and purchasing of wine...continue to full post

Full post as published by The TTABlog on June 29, 2010 (boomark / email).