Hot Springs National Park logo challenged
The Interior Department is moving to block a city tourism board from attaining a trademark for the “Hot Springs National Park” logo, a symbol that is used throughout the resort town and in promotional advertising.
The logo does not delineate between the national park itself and the city, and the federal agency said in a filing that the two should be kept distinct.
Here is a link to the registration
Aside from what the article implies, the Hot Springs National Park TM was granted in 2003 (TM # 2706344). The 5 year period for incontestibility was about to toll, so that is why the challenge is happening now. You will notice that the registration date was 4-15-2003, and the date of challenge 4-14-2008. The Dept. of the Interior beat the tolling by 1 day.
Here is the status page with notice of cancellation pending.
Here is the TTAB status page.
Filed under: 2008 Trademark Cases, Arkansas IP Litigation, Trademark
Can the court take into account the fact that the Interior Department waited until the last possible day to contest the TM? Will they be treated differently than someone who might have contested it after only two or three years?
Not really. The PTO rules give them what amount to an SOL. No other court would fault you for bumping up against the end of the SOL.