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ARTICLE · 29 NOVEMBER 2019

TTAblog Test: Does "HICCUP" Create A Separate Commercial Impression In These Specimens Of Use?

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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The USPTO refused registration of the mark HICCUP for various entertainment services, on the ground that the drawing (the work HICCUP in standard character form) was not a "substantially ...

United StatesIntellectual Property

The USPTO refused registration of the mark HICCUP for various entertainment services, on the ground that the drawing (the work HICCUP in standard character form) was not a "substantially exact representation of the mark as used" in commerce, in violation of Trademark Rule 2.51(a). Applicant argued that the word HICCUP creates a separate and distinct commercial impression from the remainder of the verbiage. Reviewing the two specimens of use shown below, how do you think this appeal came out? In re Imaginif, Inc., Serial No. 86803751 (November 21, 2019) [not precedential] (Opinion by Judge Michael B. Adlin).

The first specimen of use, shown above, displays the phrase "Hiccup Hangout" in bold font with a TM after the phrase, while the second (below) shows the terms "The Hiccup Family" and "the whole Hiccup clan." The word "Hiccup" also appears in character names ("Surprise and delight guests with special appearances from the Hiccup family! Choose whether you'd

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