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Trademark Valet

Decisions · 86840860

PrecedentialNotableNo later change on its docket

In re The Cardio Group, LLC

Serial No. 86840860 · Decided 2019-06-20 · Other

What happened

Registration refused — the Board found that The Cardio Group’s proof-of-use documents (a patient pulse-wave report webpage, a confidential sales agreement, and a sales invoice) showed only sales of medical devices, not the claimed ‘retail store services featuring medical devices,’ so the THE CARDIO GROUP logo cannot register for those services.

The marks

Applicant

THE CARDIO GROUP and design

"retail store services featuring medical devices" in Class 35

Why this decision is significant

Precedential TTAB decision holding that specimens reflecting only product sales (sales agreements and invoices) cannot show use for retail store services absent a direct association with a retail-store activity, and confirming that an applicant’s explanations are considered but cannot rescue specimens they contradict.

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.

Related decisions

The original record

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