TTAB Says Ad-Oriented Catalogs Don't Count In TM App

Law360, New York (March 10, 2014, 5:16 PM EDT) -- The Trademark Trial and Appeal Board issued a precedential ruling Friday that sales catalogs inviting readers to buy goods didn't count as acceptable “specimens of trademark use” in an application, affirming an examiner's decision to reject a registration for an industrial components manufacturer's slogan.

Illinois-based U.S. Tsubaki wanted to register “Tsubaki: The Choice For Chain” for selling industrial machine parts like chains and sprockets, but the examining attorney refused on the ground that the company's catalogs were “merely advertising material” — insufficient to show use of...
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