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WYHP? TTAB Dismisses 2(d) Cancellation Petition Hinged on "AUGUSTINE'S SPIRITUAL GOODS" Ownership Issue

We've started a new category of TTAB cases: WYHP? Would You Have Petitioned (for cancellation)? In this Section 2(d) attack on a registration for the mark AUGUSTINE'S for "novelty items having a religious theme, namely, incense, perfume oils and scented oils used to produce aromas when heated," the question boiled down to whether Respondent purchased the trademark AUGUSTINE?S SPIRITUAL GOODS from Petitioner via an agreement in 2002. Augustine?s Spiritual Goods, Inc. v. Augustine?s Eternal Gifts, LLC, Cancellation No. 92049453 (August 26, 2010) [not precedential].Petitioner sold the assets of its business on the South Side of Chicago to Respondent in an agreement that included the following in the list of assets received by the buyer: "The good name of Augustine's Spiritual Goods, which has an 11 year reputation...continue to full post

Full post as published by The TTABlog on September 07, 2010 (boomark / email).