Baxley Mailed: May 16, 2007Opposition No.
Persis International, Inc.v.Burgett, Inc.Before Hohein, Rogers and Bergsman, Administrative Trademark JudgesBy the Board:Burgett, Inc. ("applicant") seeks to register the markSOHMER in typed form for "musical instruments, namelypianos" in International Class 15.
Persis International, Inc. ("opposer") has filed anotice of opposition to the registration of applicant's markon the grounds of abandonment and fraud. In particular,opposer contends that applicant committed fraud by falselyasserting in a declaration in support of its applicationthat the mark had become distinctive through thesubstantially exclusive and continuous use of the mark by
Application Serial No. 76214968, filed February 23, 2001, basedon an assertion of a bona fide intent to use the mark in commerceunder Trademark Act Section 1(b), 15 U.S.C. Section 1051(b). Theapplication includes a claim of acquired distinctiveness underTrademark Act Section 2(f), 15 U.S.C. Section 1052(f).
UNITED STATES PATENT AND TRADEMARK OFFICETrademark Trial and Appeal BoardP.O. Box 1451Alexandria, VA 22313-1451