TTAB DECISIONS AND DEVELOPMENTS
Jane Shay Wald
Irell & Manella LLP
The Examining Attorney Gave Applicant A Chance To Amend To Claim Intent-To-Use To Fix A Faulty Stance
Applications Based On Use For Services Not Done Ignore The Law. There’s No Excuse Appeals Cannot Be Won
The Board sustained an opposition based on nonuse of Applicant’s mark as of the use-based application filing dates; the Application was void ab initio. "This case involves aspiring astronauts vying to be the first humans to Mars, who have clashed over the term ‘MARS GENERATION.’ "Applicant seeks registration of the standard character marks I AM THE MARS GENERATION and WE ARE THE MARS GENERATION for "licensing of advertising slogans and cartoon characters." Applicant’s daughter, Alyssa Carson, "is an aspiring astronaut who promotes her desire to be the first human to visit Mars.