Monster truck wins reversal at TTAB, Board rebukes USPTO examiner for ruling
On May 4, 2015 Scott Slavick's article, "Monster truck wins reversal at TTAB, Board rebukes USPTO examiner for ruling," was published in InsideCounsel.
These Jurassic Trucks Aren't in Park: Monster Trucks Win Trademark on Appeal
Dinosaurs appeal to audiences old and young. And a sub-culture of audiences in the U.S. loves to watch beautifully decorated modified trucks with tuned-up engines and enormous wheels race over the carcasses of junked cars in a mechanical battle of titans. So it's little surprise that dinosaur-decorated trucks just won on appeal at the Trademark Trial and Appeal Board!
Scott Slavick's latest published article on InsideCounsel.com is "Don't Park This Truck! Dino-Dress Distinctive." In it, Slavick reviews the TTAB's precedential April ruling in In re Frankish Enterprises, Ltd., Serial No. 85/494,703 (February 27, 2015).
In In re Frankish, the Board reversed a USPTO examiner's holding that Frankish's monster truck cabs—decked out with horns, scales, eyes and other dinosaur-like features—could not be trademarked for entertainment services. The examiner failed to demonstrate that the applicant's fanciful, prehistoric animal design was either a common or basic design, said the Board. Frankish's trucks' appearance was unique, and the examiner provided little evidence that the applicant's truck was a mere refinement of anything.
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