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Divided TTAB Panel Affirms Surname Refusal Of

To print this article, all you need is to be registered or login on Mondaq.com. Usually when an alleged surname is combined with a design, the Office will approve the mark for publication. Not this time. The Board affirmed a Section 2(e)(4) refusal of the word-and-design mark shown below, for firearms and related goods. The panel majority found that the additional geographically descriptive term US and the plain diamond background do not remove the primary surname significance. Judge Bergsman dissented, opining that [t]he Board should restrict the application of what is primarily a surname to trademarks that consist of a mark

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