TMEP 1211.02(b)(iv): Surname of Person Associated with Applicant

October 2017 Edition of the TMEP

Previous: §1211.02(b)(iii) | Next: §1211.02(b)(v)

1211.02(b)(iv)    Surname of Person Associated with Applicant

The fact that a term is the surname of an individual associated with the applicant (e.g., an officer or founder) is evidence of the surname significance of the term. See In re Etablissements Darty et Fils, 759 F.2d 15, 17, 225 USPQ 652, 653 (Fed. Cir. 1985); In re Weiss Watch Co., 123 USPQ2d 1200, 1203 (TTAB 2017); In re Eximius Coffee, LLC 120 USPQ2d 1276, 1278-80 (TTAB 2016); In reIntegrated Embedded 120 USPQ2d 1504, 1507 (TTAB 2016); Mitchell Miller, P.C. v. Miller, 105 USPQ2d 1615, 1620-21 (TTAB 2013); In re Rebo High Definition Studio Inc., 15 USPQ2d 1314, 1315 (TTAB 1990); In re Industrie Pirelli Societa per Azioni, 9 USPQ2d 1564, 1566 (TTAB 1988). However, the lack of such an association does not necessarily reduce the likelihood that the mark would be perceived as a surname. See In re Adlon Brand GmbH & Co. KG 120 USPQ2d 1717, 1724 (TTAB 2016).