holding GASBADGE generic because evidence of the context in which a mark is used on package labels is probative of the reaction of prospective buyers
How later courts described this case
- holding GASBADGE generic because evidence of the context in which a mark is used on package labels is probative of the reaction of prospective buyers
- affirming the board’s finding that “GAS-BADGE” is merely descriptive of a badge which detects gaseous pollutants
- “Evidence of the context in which a mark is used on labels, packages, or in advertising material directed to the goods is probative of the reaction of prospective purchasers to the mark.”
- GASBADGE at least descriptive for gas monitoring badges; 7 Ser. No. 76322156 three judges concurred in finding that term was the name of the goods
Written by the judges who cited it.
The opinion
BALDWIN, Judge,
concurring.
I agree with both the analysis and result reached in the majority opinion and accordingly join therewith.
It appears to me that the mark for which registration is sought not only describes the purpose and function of appellant’s goods, but is also the name of the goods.