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In re Cedar Point, Inc.

Trademark Trial and Appeal Board

220 U.S.P.Q. 533 (1983)

Facts

Cedar Point, Inc. (plaintiff) operated an amusement park. At the end of 1979, Cedar Point published several press releases, brochures, and other advertisements to promote the business’s marine entertainment park, OCEANA, which was scheduled to open in May 1980. Approximately one month prior to OCEANA’s opening, Cedar Point submitted an application to the Trademark Trial and Appeal Board (TTAB) to register the term OCEANA as a mark in connection with marine entertainment park services. The application asserted the term had been used since OCEANA’s advertising began in late 1979. The TTAB refused to register the service mark because the services identified by the mark were not available at the time the application was filed. Cedar Point appealed.

Rule of Law

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Issue

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Holding and Reasoning (Rice, J.)

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