TMEP 1209.03(e): More Than One Meaning

This is the October 2015 Edition of the TMEP

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1209.03(e)    More Than One Meaning

Descriptiveness must be determined in relation to the goods or services for which registration is sought. Therefore, the fact that a term may have a different meaning(s) in a different context is not controlling. See In re RiseSmart Inc., 104 USPQ2d 1931, 1933 (TTAB 2012); In re Chopper Indus., 222 USPQ 258, 259 (TTAB 1984); In re Bright-Crest, Ltd., 204 USPQ 591, 593 (TTAB 1979); In re Champion Int’l Corp., 183 USPQ 318, 320 (TTAB 1974). If a term has a primary significance that is descriptive in relation to at least one of the recited goods/services, and does not create any double entendre or incongruity, then the term is merely descriptive.

See TMEP §1213.05(c) regarding wording that constitutes a “double entendre.”