Tag Archives: TTAB

University of Miami’s “Sebastian the Ibis” Mark Is Neither a Mutilated, Nor a Phantom Mark

On June 6, 2017, the TTAB issued a precedential opinion addressing trademark mutilation and phantom marks.

The University of Miami sought federal trademark registration for its mascot “Sebastian the Ibis,” describing the mark as follows:  “The mark consists of an ibis wearing a hat and a sweater.”


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Specimen Showing Display of a Trademark on a Door Insufficient to Show Use of a Service Mark

On February 23, 2017, in a non-precedential opinion, the TTAB affirmed a PTO refusal of Republic National LLC’s service mark based upon the failure of its specimen to demonstrate use in connection with the covered services.

Republic sought to register the REPUBLIC NATIONAL mark for a variety of real estate investment services.  As specimens, Republic National submitted two digital photographs of the front door of the facility where it provides its services. Continue reading

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One Sale Meets the Lanham Act’s “Use In Commerce” Requirement

On November 14, 2016, the Federal Circuit held that a single sale of two hats is sufficient to meet the Lanham Act’s “use in commerce” requirement for trademark registration, potentially contravening longstanding jurisprudence on “token use.”

Christian Faith Fellowship Church began selling caps and shirts emblazoned with the phrase “Add A Zero” in January 2005.  In February of the same year, the Church made one sale of two ADD A ZERO-marked hats to an out-of-state resident, and in March, the Church applied for federal registration of the ADD A ZERO mark.  Continue reading

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