Friday, February 14, 2014

TTAB Re-designates as Precedential Its Ruling that Section 18 is Available for Restriction of Color Mark to a Particular Shade

In an Order dated February 13, 2014, the Board re-designated as precedential the January 17th interlocutory ruling in Covidien LP v. Masimo Corporation, 109 USPQ2d 1696 (TTAB 2014) [TTABlogged here]. In that ruling, the Board denied respondent Masimo's Rule 12(b)(6) motion to dismiss this cancellation proceeding, ruling that a petition for restriction of a registration under Section 18 of the Trademark Act is a proper vehicle for restricting a registration of a color mark to a particular shade of that color.



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