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USPTO TMEP › Chapter 1200 - Substantive Examination of Applications › TMEP § 1209.03(p)
Text
Terms that identify the function or purpose of a
product or service may be merely descriptive under
15 U.S.C.
§1052(e)(1)
or generic.
See, e.g., In re Gould
Paper Corp.
, 834 F.2d 1017, 5 USPQ2d 1110 (Fed. Cir. 1987)
(SCREENWIPE generic for an anti-static cloth used for cleaning computer and
television screens);
In re Zuma Array Ltd.
, 2022 USPQ2d 736,
at *1-2, *15-17 (TTAB 2022) (SMART BEZEL merely descriptive of electronic sensor
modules for controlling and integrating home automation systems in which the
sensor modules were to be used on bezels);
In re Box Solutions
Corp.
, 79 USPQ2d 1953 (TTAB2006) (SOLUTIONS merely descriptive of the purpose of applicant’s
computer hardware – to resolve a problem – and must be disclaimed);
In re Hunter Fan
Co.
, 78 USPQ2d 1474 (TTAB2006) (ERGONOMIC merely descriptive of ceiling fans);
In re
Cent. Sprinkler Co.,
49 USPQ2d 1194 (TTAB 1998) (ATTIC generic
for sprinklers installed primarily in attics);
In re Reckitt & Colman, N.
Am. Inc.
, 18 USPQ2d 1389 (TTAB1991) (PERMA PRESS generic for soil and stain removers for use on
permanent press products);
In re Wallyball,
Inc
., 222 USPQ 87 (TTAB1984) (WALLYBALL descriptive of sports clothing and game equipment);
In re Nat’l Presto Indus., Inc.,
197 USPQ 188 (TTAB 1977)
(BURGER merely descriptive of cooking utensils);
In re Orleans Wines,
Ltd
., 196 USPQ 516 (TTAB1977) (BREADSPRED merely descriptive of jams and jellies).
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.