Benjamin Magdaleno

Trademark Trial and Appeal Board

Aug 11, 2014

No. 85762742 (T.T.A.B. Aug. 11, 2014)

This Opinion is Not a
Precedent of the TTAB

Mailed: August 11, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
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Trademark Trial and Appeal Board
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In re Magdaleno
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Serial No. 85762742
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Matthew H. Swyers of The Trademark Company,
for Benjamin Magdeleno.
Tracy L. Fletcher, Trademark Examining Attorney, Law Office 115,
John Lincoski, Managing Attorney.
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Before Kuhlke, Bergsman and Greenbaum,
Administrative Trademark Judges.

Opinion by Bergsman, Administrative Trademark Judge:
Benjamin Magdeleno (“Applicant”) seeks registration on the Principal Register
of the mark A ALL AMERICAN and design, shown below,

for
Hats; Headbands; Jerseys; Knitted caps; Shoes;
Sweatbands; Sweaters; T-shirts; Visors, in International
Class 25.
Serial No. 85762742
- 2 -

The Trademark Examining Attorney has refused registration of Applicant’s
mark under Section 2(d) of the Trademark Act of 1946, 15 U.S.C. § 1052(d), on the
ground that Applicant’s mark is likely to cause confusion with the previously
registered mark ALL AMERICAN APPAREL, in typed drawing form, for “clothing
namely, t-shirts, shorts, denim shirts and denim pants, exercise and sports clothing
namely, sweatshirts, sweatpants, leotards, and unitards,” in Class 25 (Registration
No. 2359401).
The cited registration was canceled on June 27, 2014 for failure to file a
declaration of use and renewal application. Sections 8 and 9 of the Trademark Act,
15 U.S.C. §§ 1058 and 1059.
Decision: The refusal to register Applicant’s mark is dismissed as moot.