TTAB Decisions and Developments
JANE SHAY WALD
Irell & Manella LLP
APPLICANT’S SEC. 2(F) CLAIM OF ACQUIRED DISTINCTIVENESS STRUCK DOWN FOR LACK OF "SUBSTANTIALLY EXCLUSIVE USE" OF THE MARK; ACQUIESCENCE TO AVOID LITIGATION DOES NOT SUPPORT DISTINCTIVENESS; REQUEST FOR UNCONSENTED CONDITIONAL AMENDMENT TO SUPPLEMENTAL REGISTER WAS UNTIMELY AND IMPROPER
The Board sustained an opposition on the basis that the Applicant’s Section 2(f) claim of acquired distinctiveness could not stand, and that the AYOUB mark sought to be registered was primarily merely a surname.