Bayer Aktiengesellschaft v. Stamatios Mouratidis

2010 TTAB LEXIS 218 (May 21, 2010)

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Bayer Aktiengesellschaft v. Stamatios Mouratidis

Trademark Trial and Appeal Board
2010 TTAB LEXIS 218 (May 21, 2010)

SC

Facts

Stamatios Mouratidis (plaintiff) filed an application to register the trademark “ORGANIC ASPIRIN” for its dietary supplements. Aspirin was the generic term for acetylsalicylic acid. Stamatios’s advertising for the product stated that it produced its product from only naturally occurring ingredients, and contrasted its product with synthetic aspirin products. Bayer Aktiengesellschaft filed an opposition to the application on the ground that the mark was deceptive. Stamatios conceded that its dietary supplements did not contain acetylsalicylic acid.

Rule of Law

Issue

Holding and Reasoning (Bergsman, J.)

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