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ARTICLE · 28 SEPTEMBER 2020

Three Recent Affirmances In Unacceptable Specimens Of Use Cases

Wolf, Greenfield & Sacks, P.C.
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Okay, I admit it's an awkward title, but it's an awkward time.

United StatesIntellectual Property
John L. Welch
John L. Welch
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Okay, I admit it's an awkward title, but it's an awkward time. I always wonder, in applications where specimens of use are rejected by the Examining Attorney, whether it would be better to amend to an intent-to-use basis (in order to buy some time to get a proper specimen into use) than to appeal and lose. Anyway, here are three recent specimens of failed specimens of use.

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In re Iguana Yachts, Serial No. 87868306 (September 17, 2020) [not precedential] (Opinion by Judge Cindy B. Greenbaum). [Affirming rejection of specimens of use for the mark PRO IGUANA & Design for "Boats; amphibious vehicles; professional boats and professional amphibious vehicles in the fields of security, military, rescue and transport of goods and people." The specimens comprised: (1) a large sign or banner propped up on the floor, supported on the left and right lower front corners by the side arms of two red couches or chairs (see below); (2) a business card or "distributor hand-out

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