TTAB Restricts Bose's "WAVE" Registration Per CAFC Decision
As directed by the CAFC, the TTAB issued an Order (here) on October 30, 2009, amending Bose Corporation's Registration No. 1,633,789 for the mark WAVE by deleting "audio tape recorders and players, portable radio and cassette recorder combinations."
In its decision of August 31, 2009 in In re Bose Corporation, 91 USPQ2d 1938 (Fed. Cir. 2009), which overturned the TTAB's finding of fraud, the CAFC agreed with the Board "that because the WAVE mark is no longer in use on audio tape recorders and players, the registration needs to be restricted to reflect commercial reality." 88 USPQ2d at 1338." The CAFC remanded the case to the TTAB for that purpose. The Board has now carried out the appellate court's directive.
The Board noted that "This amendment reflects the request filed by registrant on January 3, 2008 with the Post Registration Office of the USPTO which includes in the deletion 'portable radio and cassette recorder combinations.' The amendment was previously entered by Post Registration on October 28, 2008."