Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

TTAB Summary Judgment: Applicant Admittedly Was Not the Owner of the Mark at Filing

Applicant Tracy Artman filed an application to register the mark TRACY'S TREATS NATURAL PRODUCTS FOR REMARKABLE SKIN for various soaps and related products. Unfortunately, she admitted in her answer to Opposer's amended notice of opposition that Tracy's Treats, Inc. was the owner of the mark. She is the President of Tracy's Treats Inc., but filed the application in her name. Opposer successfully moved for summary judgment on the ground that her application is void ab initio because Tracy Artman was not the owner of the mark when the application was filed. Tracie Martyn, Inc. v. Tracy Artman, Opposition No. 91173009 (May 1, 2008) [not precedential].The Board observed that when an application is filed in the name of the wrong party, the defect cannot be cured by amendment or assignment...continue to full post

Full post as published by The TTABlog on May 13, 2008 (boomark / email).