TMEP 1211.02(b)(v): Specimens Confirming Surname Significance of Term

October 2017 Edition of the TMEP

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1211.02(b)(v)    Specimens Confirming Surname Significance of Term

The fact that a term appears on the specimen of record in a manner that confirms its surname significance is evidence of the surname significance of a term. See In re Integrated Embedded 120 USPQ2d 1504, 1510 (TTAB 2016) (holding BARR GROUP primarily merely a surname, noting evidence that applicant’s co-founder, Michael Barr, is prominently featured on specimens, which also indicate that applicant derived its name from him); In re Eximius Coffee, LLC 120 USPQ2d 1276, 1279 (TTAB 2016) (holding ALDECOA primarily merely a surname, noting applicant’s presentation of the mark with the phrase "Premium Family Coffee" on packaging for the goods); Société Civile Des Domaines Dourthe Frères v. S.A. Consortium Vinicole De Bordeaux Et De La Gironde, 6 USPQ2d 1205, 1208 (TTAB 1988) (holding DOURTHE primarily merely a surname, the Board noted applicant’s references to "Dourthe" as the name of a particular family and found the surname significance of the term to be reinforced by the appearance on applicant’s wine labels of the name and/or signature of an individual named Pierre Dourthe); In re Taverniti, SARL,225 USPQ 1263, 1264 (TTAB 1985), recon. denied,228 USPQ 975 (TTAB 1985) (holding J. TAVERNITI primarily merely a surname, the Board considered, among other factors, the presentation of the mark on the specimen in signature form); In re Luis Caballero, S.A., 223 USPQ 355, 356-57 (TTAB 1984) (holding BURDONS primarily merely a surname, the Board weighted heavily the applicant’s use of "Burdon" on the specimen as a surname, albeit of a fictitious character ("John William Burdon")).