TMEP 1209.03(c): First or Only User

This is the October 2015 Edition of the TMEP

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1209.03(c)    First or Only User

The fact that an applicant may be the first and only user of a merely descriptive or generic designation does not justify registration if the only significance conveyed by the term is merely descriptive. See In re Nat'l Shooting Sports Found., Inc., 219 USPQ 1018 (TTAB 1983) (SHOOTING, HUNTING, OUTDOOR TRADE SHOW AND CONFERENCE held apt descriptive name for conducting and arranging trade shows in the hunting, shooting, and outdoor sports products field). See also TMEP §1212.06(e)(i) and cases cited therein.