Decisions · 86845550
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.
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The original record
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