University of Miami Hurricanes Take TTAB by Storm
On June 6, in a precedential decision in In re University of Miami, Serial No. 8661638, the Trademark Trial and Appeal Board reversed two U.S. Patent and Trademark Office (USPTO) refusals to register a design mark depicting the mascot of the University of Miami Hurricanes—Sebastian the Ibis—for various paper products, clothing, and educational and entertainment services, writes Scott J. Slavick.
September 05, 2017 at 11:30 AM
10 minute read
On June 6, in a precedential decision in In re University of Miami, Serial No. 8661638, the Trademark Trial and Appeal Board reversed two U.S. Patent and Trademark Office (USPTO) refusals to register a design mark depicting the mascot of the University of Miami Hurricanes—Sebastian the Ibis—for various paper products, clothing, and educational and entertainment services.
Bravery and leadership are admirable traits for college athletes, and that is likely why the University of Miami chose an ibis as its mascot. A marsh bird found in the Florida Everglades, the ibis instinctively signals to other members of the bird kingdom when a storm is imminent.
Sharp instincts likely helped the university in its appeal. The Lanham Act requires that a trademark applicant submit a specimen of its mark as used, and a drawing that is a “substantially exact representation of the mark” as used. If the mark in the drawing contains only a minor alteration of the mark as used—i.e., if it does not create a different commercial impression than the mark as used—the USPTO will accept it.
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