Intellectual Property Law

New Matter SUMMER 2016, Volume 41, Number 2

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.

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