UnIP in the TTAB

On September 26, 2012, in Trademarks, by Brian A. Hall

UnIP (UnIntellectual Property): Service Mark for CENTER OF SCIENCE AND INDUSTRY

The Trademark Trial and Appeal Board (TTAB) has issued an precedential decision holding that the service mark CENTER OF SCIENCE AND INDUSTRY as used in connection with “Education and entertainment services, namely, operating a museum and conducting workshops, programs and demonstrations in the field of science” is merely descriptive and thus not entitled to registration on the Principal Register. In doing so, the TTAB found that use since 1976 and millions of visitors was insufficient to acquire distinctiveness.

As an Ohio boy (although Cuyahoga Counyy, Cleveland not Franklin County, Columbus), this caught my attention. I am not surprised by the ruling, although I wonder if additional evidence of acquired distinctiveness could have been sufficient to overcome the mere descriptiveness refusal. Nonetheless, since the organization is more commonly known as COSI, and its domain name is cosi.org, there is likely more value in that mark, which is a registered service mark.

In re Franklin County Historical Society, Serial No. 77699113 (September 5, 2012).


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