Monday, May 23, 2005

TTAB Finds "CONTACT YOGA" Merely Descriptive Of Yoga Publications

Applicant Lynda Guber was no doubt bent out of shape by the Board's decision affirming a refusal to register the mark CONTACT YOGA for publications on the subject of meditation and exercise (YOGA disclaimed). In re Guber, Serial No. 76469243 (April 22, 2005) [not citable].

Lynda Guber

The PTO Examining Attorney relied on Internet articles and advertisements wherein "contact yoga" is used to describe "a relatively new form of yoga where one practices with a partner." Applicant Guber argued, without evidentiary support, that she created the mark CONTACT YOGA and that she has made efforts to stop others from using her mark.

The Board, however, noted that, even if Guber were the creator of the mark, it is still merely descriptive of her publications. Moreover, if she indeed has made efforts to police the mark, those efforts have apparently been unsuccessful, given the PTO's Internet evidence of descriptive use.

TTABlog comment: Dear reader, ask yourself whether you would have filed this appeal? I don't think I would have.

TTABlog note: After reading this decision, I asked a friend if she would like to join me in contact yoga. She slapped me in the face. I suppose that might be considered akin to a refusal to register.

Text ©John L. Welch 2005. All Rights Reserved.


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