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Appying Wella, TTAB Reverses 12 out of 16 Section 2(d) Refusals

In this consolidated appeal involving four service mark applications, Federal Express Corporation faced four cited registrations [for a total of 16 Section 2(d) refusals]. The Board applied In re Wella A.G., 5 USPQ2d 1359 (TTAB 1987), in determining whether, as to the cited registrations, Applicant had at least partial control over the registered marks, thereby mooting the refusals to register. In re Federal Express Corporation, Serial Nos. 78726298, 78726303, 78726306, and 78726310 (December 7, 2009) [not precedential].The Section 2(d) refusals were based on three registrations as to which Applicant was a joint owner and a fourth registration owned by FedEx Custom, a sister corporation to Applicant. Both Applicant and FedEx Custom are owned by parent FedEx Corporation...continue to full post

Full post as published by The TTABlog on December 09, 2009 (boomark / email).