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What Is a Descriptive Trademark: PERSON


The TTAB recently ruled that the mark, PERSON, is not descriptive for a broad range of wearable electronic devices.  In re Caleb Suresh MotupalliA descriptive trademark is a mark that immediately conveys knowledge of a quality, feature, function characteristic or purpose of the goods or services for which it is used.  The Examining Attorney argued that a "person" is the user of the wearable electronic devices and therefor the mark was descriptive of a feature of the goods, namely, the type of being that would use the goods.  The term "person" was distinguished from animals, who may also wear such goods.  The TTAB disagreed.  The TTAB ruled that the term "person" was so broad, it would describe the consumer of all goods and services.  Further, the TTAB ruled that the Examining Attorney did not present evidence that demonstrates that the term "person" describes a feature of these goods with a degree of particularity.  Thus, the mark was approved for registration.

Does this mean PERSON is not descriptive for any goods or services?

Would LEGS be descriptive of pants?