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Specimens Of Use: In Re Anpath Group Inc.

Law360 (January 18, 2011, 4:39 PM EST) -- In re Anpath Group Inc. involved an appeal from the U.S. Patent and Trademark Office's refusal to register the mark "Anpath" (in standard character form) for use on certain cleaning preparations. In initially filing for the mark, the applicant had submitted a "scanned pamphlet" as its specimen to evidence use of the mark. The trademark examining attorney rejected the specimen because he viewed it as mere advertising. The applicant argued that the pamphlet was provided to customers in conjunction with the product, and that the pamphlet contained a toll-free telephone number for ordering product. The examining attorney was not persuaded....

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