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TTAB Reverses 2(b) Refusal of Mark Containing Portion of Canadian Flag

In its first decision under Section 2(b) in decades, the Board reversed a refusal to register the mark shown immediately below, for painting services, finding that it does not contain a simulation of the flag of Canada or an insignia of Canada. In re Certa ProPainters, Ltd., Serial No. 77046679 (November 14, 2008) [not precedential].Section 2(b) bars the registration of a mark that "consists of or comprises the flag or coat of arms or other insignia of ... any foreign nation, or any simulation thereof." [TTABlog comment: the phrase "or any simulation thereof" refers to flag, coat of arms, or insignia, not to the foreign nation. Perhaps the provision could have been better drafted.]The term "other insignia" has not been given a broad scope, but "is considered to include only those emblems and devices that also represent such authority and that are of the same general class and character as flags or coats of arms...continue to full post

Full post as published by The TTABlog on November 25, 2008 (boomark / email).