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Bayer Aktiengesellschaft v. Stamatios Mouratidis

Trademark Trial and Appeal Board

2010 TTAB LEXIS 218 (2010)

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Mouratidis (defendant) applied to register the mark 'ORGANIC ASPIRIN' for a dietary supplement that Mouratidis's own advertising contrasted with synthetic aspirin products, even though Mouratidis conceded the supplement contained no acetylsalicylic acid, the chemical that is generically called aspirin. Bayer (plaintiff) opposed the application on the ground that the mark was deceptive.

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Whether a deceptive trademark may be registered.

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