In re Elvis Presley Enterprises Inc.

50 U.S.P.Q.2d 1632 (1999)

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In re Elvis Presley Enterprises Inc.

United States Trademark Trial and Appeal Board
50 U.S.P.Q.2d 1632 (1999)

SH

Facts

Elvis Presley Enterprises Inc. (applicant) (plaintiff) sought to register as a trademark for cotton fabric the likeness and image of Elvis Presley in all possible manners of presentation, without limitation as to age, dress, or pose. The applicant included the following on the drawing page of the application: “the likeness and image of Elvis Presley.” The examining attorney refused registration of the mark based on the applicant’s failure to include a drawing in the application that was a substantially exact representation of the mark as intended to be used on or in connection with the goods specified therein, and because the applicant attempted to claim numerous marks in one application in violation of trademark rules. The applicant appealed the examining attorney’s refusal to register.

Rule of Law

Issue

Holding and Reasoning (Hanak, J.)

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