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TTAB Tosses "WEW" Specimen Out of PTO Ring

Pointing out that it is "not enough that the mark and the services both appear in the same specimen," the Board upheld a refusal to register the mark WEW for "pay-per-view and on-demand television transmissions of live wrestling exhibitions." Examining Attorney Judy Helfman had refused registration under Sections 1, 3 and 45 of the Trademark Act on the ground that the specimen does not show use of the mark for the identified services as required by Trademark Rule 2.56. The Board agreed. In re The Wrestling Zone, Inc., Serial No. 77561949 (November 2, 2009) [not precedential].The Board agreed with the Applicant that "video-on-demand" states a service and that the specimen "refers" to the service. But stripped down to its bare essentials, the problem was this: "the specimen must not only contain a reference to the service, but also the mark must be used on the specimen to identify the service and its source...continue to full post

Full post as published by The TTABlog on November 24, 2009 (boomark / email).