Monday, November 05, 2007

TTAB Says "CLASSIC COLLECTION" Not Merely Descriptive of Cigars

Punningly perceiving the term "classic collection" as "mere puffery," the Board reversed refusals to register the marks CLASSIC COLLECTION and MONTECRISTO CLASSIC COLLECTION for "cigars, little cigars, roll-your-own tobacco, pipe tobacco and smokeless tobacco" in International Class 34. In re Cuban Cigar Brands, N.V., Serial Nos. 7855795 and 78554967 (October 19, 2007) [not precedential].

The Examining Attorney relied on dictionary definitions and NEXIS excerpts in arguing that "classic" means "of a well-known type" and "collection" means "grouped together." Applicant asserted that the words do not describe its goods with any particularity, and that the phrase is "so broad and amorphous" that it cannot be deemed descriptive.

The Board agreed with Applicant, finding "classic collection," when applied to Applicant's goods, to be "suggestive and more in the nature of mere puffery as opposed to being merely descriptive."

"the words 'classic' and/or 'collection' do not appear to have any particular meaning in the trade for tobacco products. Our view remains that neither the individual words 'classic' and 'collection,' nor the combination 'classic collection' impart information about applicant’s tobacco products with any degree of particularity."

Resolving any doubt in Applicant's favor, the Board reversed the refusal to register CLASSIC COLLECTION, and overruled the PTO's requirement that Applicant disclaim that phrase in the other mark.

Text Copyright John L. Welch 2007.


Post a Comment

<< Home