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Trademark Valet

Decisions · 86845550

PrecedentialLandmarkNo later change on its docket

In re The Ride, LLC

Serial No. 86845550 · Decided 2020-02-03 · Other

What happened

The Board upheld the refusal to register a moving image of a tap-dancing ‘banker’ street performer as a mark for sightseeing bus tour services, finding the routine was just one of several rotating performances offered under the company’s separate brand name, that none of the submitted photo/video specimens matched the mark as drawn, and that the written description of the mark left out key details shown in the drawing.

The marks

Applicant

Motion mark: two sequential freeze-frames depicting an entertainer dressed as a banker (suit and briefcase) walking along a street, viewed through bus windows, who then performs a tap dance routine when the bus stops at a predetermined location on a guided sightseeing bus tour; color not claimed

"Conducting sightseeing travel tours by bus," in International Class 39

Why this decision is significant

Precedential TTAB decision providing significant guidance on failure-to-function analysis for non-traditional ‘motion marks,’ on discounting consumer surveys that lack a mini-test/mini-course, and on motion-mark description and specimen requirements under TMEP 904.03(l) and 1202.02(c)(ii).

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

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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