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"PEDRO PAN" Merely Descriptive of Charitable Services, Says TTAB

The Board sustained a Section 2(e)(1) opposition to registration of the mark PEDRO PAN in standard character form, finding the mark merely descriptive of "Eleemosynary services in the field of monetary donations." Applicant claimed acquired distinctiveness under Section 2(f) but its proofs fell short, and the Board ruled that Applicant could not rely on transferred distinctiveness from its prior registration of the mark shown immediately below. Yvonne M. Conde and Oscar B. Pichardo v. Operation Pedro Pan Group, Inc., Opposition No. 91177853 (December 15, 2009) [not precedential].Morehouse Defense: Applicant asserted the Morehouse defense based on its ownership of an incontestable registration for a mark that incorporates PEDRO PAN (see above), and contending that "equity therefore estops Opposers from asserting that they will be damaged by Applicant's registration of the mark PEDRO PAN...continue to full post

Full post as published by The TTABlog on December 17, 2009 (boomark / email).