Decisions · 85483943
In re John Michael Brack
Serial No. 85483943 · Decided 2015-03-31 · Other
What happened
Refusal upheld — the SIMPLY ORANGECELLO application for orange liqueur was never signed or verified, and the Board confirmed that a signed verification is a mandatory requirement an applicant cannot simply ignore.
The marks
Applicant
SIMPLY ORANGECELLO (standard characters; ORANGECELLO disclaimed)
Alcoholic beverage, namely, orange flavored liqueur (Class 33)
Cited or opposed mark
CARAVELLA ORANGECELLO
Alcoholic beverage, namely, orange flavored liqueur (Class 33)
Why this decision is significant
Precedential holding that the signed verification is a mandatory statutory requirement for a Section 1(b) application — not a waivable formality — affirmed where the applicant ignored two years of explicit compliance instructions.
Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.
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The original record
Read the opinion and every filing on the Board's own docket. The summary above is our paraphrase, not a quotation from the opinion. The opinion is the authority.
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