23 Jul '13, 9am

Precedential No. 30: TTAB Re-Designates as Precedential Its Opinon Vacating ROLEX/ROLL-X

Precedential No. 30: TTAB Re-Designates as Precedential Its Opinon Vacating ROLEX/ROLL-X

On July 17, 2013, the Board re-designated as precedential its January 29, 2013 opinion in the ROLEX/ROLL-X case, vacating its original decision of December 5, 2011. The TTAB originally dismissed Opposer Rolex's dilution-by-blurring claim, concluding that Rolex had failed to prove that the applied-for mark ROLL-X for "x-ray tables for medical and dental use" would, despite an "actual association" between the marks, impair the distinctiveness of Opposer's famous ROLEX mark. And in a further ruling, the Board dismissed Rolex's claim that Applicant AFP did not have a bona fide intent to use the ROLL-X mark when it filed its application to register. [TTABlogged here ]. Rolex appealed to the CAFC and, while the appeal was pending, applicant AFP unilaterally withdrew its application to register. The CAFC then dismissed the appeal as moot and remanded the case to "allow the Board ...

Full article: http://thettablog.blogspot.com/2013/07/precedential-no-30...

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