TMEP 1211.02(b)(vi): Negative Dictionary Evidence

October 2017 Edition of the TMEP

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1211.02(b)(vi)    Negative Dictionary Evidence

Negative dictionary evidence (i.e., evidence that a term is absent from dictionaries or atlases) may demonstrate the lack of non-surname significance of a term. In re Adlon Brand GmbH & Co. KG,120 USPQ2d 1717, 1719, 1721 (TTAB 2016) (finding that evidence showing that the applied-for mark did not appear in dictionaries created a "strong inference" that the mark has no other non-surname meaning) In re Eximius Coffee, LLC,120 USPQ2d 1276, 1280 (TTAB 2016) ("The evidence that ALDECOA has no other recognized meaning further supports the Examining Attorney’s case that its primary significance is as a surname.").