CAFC Holds Argument In Appeal From "THE COLD WAR MUSEUM" Cancellation

The CAFC held oral argument today in The Cold War Museum, Inc. v. Cold War Air Museum, Inc., Appeal No. 2009-1172. [mp3 file here]. The TTAB granted a petition to cancel a registration for the mark THE COLD WAR MUSEUM for "museum services," finding the mark merely descriptive and lacking in acquired distinctiveness. Respondents, whose registration issued under Section 2(f), failed to submit evidence of acquired distinctiveness in this proceeding, and consequently the Board ruled in Petitioner's favor. [TTABlogged here]. Appellant argued that it didn't have to submit evidence of acquired distinctiveness, because the PTO file (and the Section 2(f) evidence) therein was automatically part of the record under Trademark Rule 2.122(b). [From the oral argument, it sounds like the TTAB will be reversed].



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