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CAFC Affirms TTAB's "AIRFLITE" Cancellation: Preparations for Use Not Enough for Service Mark Registration

In a precedential decision, the CAFC answered the following question: "whether the use in commerce requirement is met when an applicant uses a service mark in the preparatory stages of a service's development but never offers the services to the public." The panel majority held that "it is not," and it therefore affirmed the TTAB's 2007 ruling (here) that Aycock Engineering, Inc.'s registration for the word mark AIRFLITE for "arranging for individual reservations for flights on airplanes" was void ab initio. Judge Newman dissented. Aycock Engineering, Inc. v. Airflite, Inc., Appeal No. 2008-1154 (Fed. Cir. March 30, 2009) [precedential].Airflite, Inc.'s markWilliam Aycock intended to operate a service by which individual passengers could arrange flights on chartered aircraft...continue to full post

Full post as published by The TTABlog on April 06, 2009 (boomark / email).