Quick update in Panini's fight to try and get a TM registration for CERTIFIED!
As you will recall, I said this was a dumb trademark filing...and the Trademark Office (so far) thinks so too as it's been rejected, and Panini is now on appeal.
Well...
...in its appeal brief Panini argues that it should get a CERTIFIED reg. because #TheHobby uses "certified" to mean a certification process has been gone through...whereas Panini's CERTIFIED cards "do not undergo a certification process before they are purchased by the consumer."
Talk about an argument only a lawyer would love.
"YOU SEE ALL THOSE OTHER CERTIFIED AND CERTIFIATIONS OUT THERE IN #THEHOBBY? YEAH...THOSE MEAN THE CARDS ARE LIKE LEGIT...OUR CARDS DON'T GO THROUGH THAT. SO WE SAY 'CERTIFIED' BUT WE AIN'T LIKE CERTIFIABLY LEGIT."
The reason Panini is arguing this is because (as you know) the word "certified" is used many many many places in #TheHobby.
In fact, Panini (laughingly) over many pages addresses like...all of them (PSA, CGC, COMC, Sports Collectibles website, Beckett, PMG, eBay, UD...).
Like...seriously, one of the arguments is UD's "certified autograph" describes UD's autos as "certified" to be the actual athlete...whereas Panini's CERTIFIED cards are like...you know...just cards with the word CERTIFIED on them.
Panini also breaks out the big gun for its arguments.
That's right.
THE DICTIONARY.
DUH DUH DUMB!!!!
I mean, it's a skit out of a comedy with Panini's attorney basically arguing, "Dictionary.com defines CERTIFIED as 'having or proved by a certificate, or guaranteed; reliably endorsed' whereas our shit is not proved by a certificate or guaranteed or reliably endorsed."
Panini also argues that its mark CERTIFIED is not generic (cough...yes it is...cough)...because when #TheHobby consumers hear "certified" in relation to cards, the first thing they think of is Panini's CERTIFIED cards.
And that's about it!
Next up, we'll get to see the Examiner's response...then Panini will get a reply...then there will be a hearing...then the TTAB will rule (likely against Panini) in about 6-7 months.
So, we're a long ways away from this one being resolved.
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