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Precedential No 5: Sustaining U Kentucky s Opposition, TTAB Finds That

To print this article, all you need is to be registered or login on Mondaq.com. In a case markedly similar to the  #MAGICNUMBER108 case of two years ago [which Cub fans may remember], the Board sustained the University of Kentucky s opposition to registration of the proposed mark  40-0 for t-shirts, finding that the term is a widely used, common expression that fails to function as a trademark. The University did not go undefeated, however. The Board dismissed UK s fraud claim and granted the applicant s motion to amend its use-based application to delete certain goods for which the mark had not been used. 

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