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


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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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