28 Mar 2022
Spagnuolo v. Re/Max Hallmark Realty Ltd.
Rick Spagnuolo and Joseph Syposz appealed the Trademarks Opposition Board's decision to reject their opposition to Re/Max Hallmark Realty Ltd.'s trademark application for "HALLMARK" in real estate services. They argued that "HALLMARK" was descriptive, lacked distinctiveness, and had become recognized in commercial usage. They also claimed that any trademark rights in "HALLMARK" belonged to the franchisor, not RHR. RHR countered that the alleged errors were not properly raised and the Opponents failed to demonstrate reviewable errors. The court found no reviewable error and dismissed the appeal.