Mount Washington Trademark for Photo Hiking Rejected (?)

CRL has reported that it has amended its trademark application so that it is just focusing on lodging using th Mount Washington name and not so broadly as we reported yesterday. We’re not quite sure when the amendment occurred. The application for 76690735 was made June 23, 2008. was rejected on December 8, 2008 with the statement “Applicant’s Claim Of Senior Use Not Considered in Ex Parte Registration Process” We’re not quite sure what that means but the application is not shown as withdrawn or dead on the trademark site. Here’s the rejection document.

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Is Mount Washington Hotel Seeking to Trademark Photos of the Mountain Itself?

Somebody knowledgeable in trademark law should take a look at the Mount Washington Lodge applications to trademark the name “Mount Washington” The applications are not as innocuous as the hotel claims. One of them (76690735) implies that they may be attempting to trademark photos of the mountain. The Hotel says it has been using the term since 1902.

I can’t link directly to the applications because of the way the system works but I have instructions at the end.

Retail store services featuring, gifts, sundries, clothing, food, beverages, and souvenirs

Restaurant services; providing temporary accommodation services, namely, hotel, lodge, inn, and townhouses

Entertainment Services, namely, ski resorts featuring alpine skiing, freestyle skiing, nordic skiing, snowshoeing, dog sledding, hiking, ice climbing, ice skating, snow tubing, sleigh rides, guided nature walks, lift rides, photo hiking, horseback riding, carriage rides, theatre productions, golf, tennis, swimming, biking, guided tours of the local sites, disc
golf, fitness center, and fishing.

Go to:

Under the trademarks column in the middle choose the second option “Search Marks” and then click on “Basic Word Mark Search (New User)”

Then search for the term “Mount Washington”

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