Fed. Circ. Stance On 'The Cold War Museum' Mark

Law360 (December 1, 2009, 2:42 PM EST) -- The Federal Circuit issued a precedential opinion on Nov. 5, 2009, in The Cold War Museum Inc. v. Cold War Air Museum Inc., No. 2009-1172, 2009 WL 3644936 (Fed. Cir. Nov. 5, 2009).

The court reversed the Trademark Trial and Appeal Board’s (the "board") descriptiveness cancellation of THE COLD WAR MUSEUM (USPTO Reg. No. 2,831,529), covering museum services, owned by The Cold War Museum Inc. (“Cold War Museum”).

The Federal Circuit’s reversal is notable for two reasons. First, it clarified that a mark’s prosecution file history is automatically of record in an inter partes board proceeding. Second, it clarified the burdens...

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