THE LOGLAN INSTITUTE, INC., Appellant, v. THE LOGICAL LANGUAGE GROUP, INC., Appellee., 962 F.2d 1038

Appellee group petitioned United States Patent and Trademark Office, Trademark Trial and Appeal Board (board) to cancel the registration of appellant institute's mark, alleging that the mark was merely a contraction of, or generic name for a logical language. Appellee also alleged that the application for registration had been fraudulently made, or if a trademark had ever existed, it had been abandoned. The board granted summary judgment for appellee and ordered the registration cancelled on the grounds that the mark was a generic designation identifying a language rather than a trademark to indicate a source of goods. The board also found that the application had not been fraudulently made and that the abandonment issue was moot. On appeal, the court found that appellee had presented evidence to show that the mark was used generically by the relevant public to designate a logical language. The court affirmed, finding that the board had an adequate basis to cancel the mark's ...