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Precedential No. 26: Specimens of Use Display Web Address, Not Service Mark Use

Los Angeles lawyer Vicki Roberts lost her case before the TTAB when she appealed the PTO's refusal to register her alleged mark irestmycase (in non-standard character form) for legal services. The Board agreed with Examining Attorney Steven W. Jackson that, as it appears on Applicant's specimens of use, irestmycase fails to function as a service mark under Sections 1, 2, 3, and 45 of the Trademark Act. In re Vicki Roberts, Serial No. 76649075 (may 2, 2008) [precedential].The Board observed that Applicant's specimens did not show use of irestmycase per se. The originals specimens did not show use of that designation at all, and her substitute specimens showed the designation "imbedded in her Internet website address, www.irestmycase.com." Finding In re Eilberg, 49 USPQ2d 1955 (TTAB 1999), to be controlling, the Board pointed out that:"In the case before us, irestmycase...continue to full post

Full post as published by The TTABlog on May 08, 2008 (boomark / email).