DAVID E YONTEFLAW OFFICE 105 Post Reply  Add Post
Needs to Go Back to Examining Attorney School...
Anonymous 
4/16/2018 11:06:31 AM
 
Because this is not a valid response: “according to applicant, the registered mark “is entitled only to a narrow scope of
protection.” However, Trademark Act Section 7(b) provides that a certificate of registration on the Principal Register is prima facie evidence of the validity of a registered mark. 15 U.S.C. §1057(b). The validity of a cited registration “cannot be challenged in an ex parte proceeding.” In re Fat Boys Water Sports LLC, 118 USPQ2d 1511, 1517 (TTAB 2016). Thus, applicant’s argument is not being considered because to do so would fail to give the cited registered mark the validity to which it is entitled. In re Fat Boys Water Sports LLC, 118 USPQ2d at 1517 (citing In re Fiesta Palms LLC, 85 USPQ2d 1360, 1363 (TTAB 2007)).

Go read up on what a collateral attack is, dumbass.
   
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