The Board affirmed two Section 2(e)(1) refusals of the proposed
mark
CLEAR for footwear, lingerie, and other
clothing items, and for handbags, purses, wallets and related
items, all excluding transparent goods, finding the
term to be deceptively misdescriptive of the goods. The Board
observed that consumers are not aware of the nontransparent limitation in the application, and not
all purchases of Applicant Dolce Vita s goods are made after
direct inspection of the goods.
In re Dolce Vita Footwear,
Inc., Serial Nos. 88554717 and 88554722 (April 29, 2021) [precedential]
(Opinions by Judge Jyll Taylor).
A mark is considered deceptively misdescriptive under Section
2(e)(1) if: (1) the mark misdescribes a quality, feature, function,