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ARTICLE · 27 DECEMBER 2024

Mrs. Claus Gets A Half-Baked Decision

Cowan, Liebowitz & Latman, PC
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Ho Ho Ho! ‘Tis the season to be jolly. However, the U.S. Patent and Trademark Office and the Trademark Trial and Appeal Board (TTAB) did not seem to share this message fully.

United StatesIntellectual Property
William Borchard
William Borchard

Ho Ho Ho! 'Tis the season to be jolly. However, the U.S. Patent and Trademark Office and the Trademark Trial and Appeal Board (TTAB) did not seem to share this message fully.

Mrs. Claus Cookie Company, LLC filed three use-based applications to register MRS. CLAUS, MRS. CLAUS COOKIES, and MRS. CLAUS COOKIE COMPANY (with a disclaimer of the exclusive right to COOKIES and BAKING COMPANY) (1) as a trademark for various goods including "chocolate for confectionery and bread," and (2) as a service mark for services including "classes in the field of culinary arts."

The Trademark Examining Attorney refused registration on the ground that there was a likelihood of confusion with the previously registered trademark MRS. CLAUS (in standard characters and in script) for "Yeast; Baking powders; Baking spices; Confectionery chips for baking."

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