Originally posted 2013-05-09 14:32:26. Republished by Blog Post Promoter
Two kinds of analogy, as scrambled by an old and dear friend. Evidently, there is another kind. John Welch writes about a TTAB decision cancelling trademark registrations based on the petitioners use of the mark, for purposes of avoiding a defense of abandonment against the putative senior user, that is not quite trademark use but is “analogous to trademark use.”
John writes about the rather thin reed on which the TTAB places the weight of this cancellation for the mark “ALS IK KAN” — Finnish for “All I Can” — by noting that the Board seemed to have done all it could to return the ownership of the mark to a lineal descendant of the senior user. I would have liked to hear more from John about this entire concept of “analogous to trademark use” use. Maybe I will.