How was the trade mark „OSHO“ deleted in USA?
In December, 2000, Osho Friends International (OFI), an association founded to resist the efforts of the proprietor of the contested CTM to control and monopolize the vision and name of Osho, filed a petition to cancel the US trade marks
- No. 1,815,840 „Osho“
(for education books and printed teachings materials in the field of religion and philosophy),
- No. 2,174,607 „Osho“
(for providing religion, philosophy and science information via a global computer network),
- No. 2,180,173 „Osho“
(for pre-recorded audio and video tapes in the fields of education, religion, philosophy and science) and
- No. 2,322,901 „Osho Rebalancing“
(for books and printed materials for education purposes in the field of religion and philosophy).
OFI also opposed the following applications for registration on the ground of mere descriptiveness, namely
- No. 75683097 „OSHO“
No. 75834601 „OSHO ACTIVE MEDITATIONS“
No. 76060676 „OSHO KUNDALINI MEDITATION“
No. 76158894 „OSHO MEDITATION RESORT“
No. 76158895 „OSHO MULTIVERSITY“
No. 76210213 „OSHO NADABRAHMA MEDITATION“
(for „educational services, namely, conducting individual sessions, workshops, retreat, seminars, groups, courses and training in the field of the teachings of the mystic Osho“), - No. 76158893 „OSHO TIMES“
(for „on-line periodical relating to the spiritual and mystical teachings of the mystic Osho“), - No. 76158893 „OSHO TRANSFORMATION TAROT“
No. 76158893 „OSHO ZEN TAROT“
(for „instructional books and playing cards for the game of Tarot; entertainment services, namely, providing an on-line computer game“)
Upon a hearing on 30 October, 2008, the United States Patent and Trademark Office rendered the following decision:
DECISION:
Plaintiff’s petition to cancel is hereby granted on the ground of genericness as to Registration Nos. 1815840;2180173; and 2174607.
Plaintiff’s petition is further granted on the ground of mere descriptiveness as to Registration No. 2322901. Accordingly, these registrations will be cancelled in due course.
Plaintiff’s oppositions to the registration of application Serial Nos. 75834601; 76159554; 76159553; 76060676; 75683097; 76210213; 76158894; 76158895; and 76158803 are sustained on the ground of mere descriptiveness.“
and the extract from the Trademark Electronic Search System (TESS) database of the US Patent and Trademark Office listing all trade marks containg the word „OSHO“ as „dead“.
NOTE: The above section is taken from the first formal submission
full version as PDF file
