Trade Identity
Federal Circuit
The Cold War Museum, Inc. v. Cold War Air Museum, Inc.
2009-1172
Trademark Trial and Appeal Board
In view of British Seagull Ltd. v. Brunswick Corp., 28 USPQ2d 1197 (TTAB 1990) and 37 C.F.R. § 2.122(b), as well as the presumption of validity for issued registrations, was registrant in a cancellation proceeding required to formally resubmit evidence of acquired distinctiveness during the proceeding to avoid cancellation on 15 U.S.C. § 1052(e)(1) grounds given its service mark THE COLD WAR MUSEUM was only granted registration after registrant had provided the Office with substantial evidence showing five years of exclusive and continuous use in commerce under Section 2(f) due to the mark’s acknowledged lack of inherent distinctiveness?
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Tags: Acquired Distinctiveness, Cancellation Proceeding, Trade Identity