Marketing and False Connection pitfall

patentandtrademarkpatentandtrademark subscriber Posts: 103
edited December 2008 in Marketing
Trademarks are very important in marketing campaigns.  Registering and properly using those trademarks is equally important.  One potential pitfall in the federal registration process is the False Connection pitfall.  To establish a False Connection, the mark must falsely suggest a connection with a plaintiff’s previously used name or identity.  What are the four elements of the False Connection refusal for the USPTO to register the mark?  This is based on the recent case of attempting to register "MOJAVE" [like the Indian Tribe] as a brand of cigarettes.  Hint:  the answer is not on my website (so I’m not trying to drive traffic to my website).

 

For some reason, there have been several attempts to register tobacco-related products and Indian tribes, such as the Shinnecock Smoke Shop case.

 
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