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Test Your TTAB Judge-Ability on this Trademark Mutilation Case

Do you know trademark mutilation when you see it? Applicant AHL, Inc. applied to register the mark HOME STATE for firearms; its specimen of use showing the mark as applied to the goods appears immediately below. The question is this: under Rule 2.51(b), is the mark of the drawing, (i.e. the words HOME STATE) a substantially exact representation of the mark a used on or in connection with the goods? What say you?Of course an Applicant may see to register any portion of a composite mark, provided the particular portion creates a separate and distinct commercial impression. But if it does not, "the result is an impermissible mutilation of the mark as used."The Board agreed with Examining Attorney Christopher L. Buongiorno that the term HOME STATE does not create a separate and distinct commercial impression...continue to full post

Full post as published by The TTABlog on October 12, 2010 (boomark / email).