Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

Test Your TTAB Judge-Ability: Is An Amendment From "MT RAINIER" To "RAINIER" Permissible?

When it submitted its Statement of Use, Applicant Thor Tech sought to amend its mark for travel trailers from MT RAINIER to RAINIER. The Examining Attorney refused to enter an the amendment, deeming the proposed change to be a ?material alteration? of the mark in violation of 37 CFR §2.72. Thor Tech claimed that "Rainier" is recognized as an abbreviated form of "Mt Rainier." What say you? In re Thor Tech, Serial No. 78717682 (August 13, 2010) [not precedential].Guess What?Under CAFC precedent, the Board must "look to whether applicant?s proposed amendment contains 'the essence of the original mark' or whether instead the amended mark is so altered that it would 'have to be republished' in order to 'fairly present' it for 'purposes of opposition...continue to full post

Full post as published by The TTABlog on August 20, 2010 (boomark / email).