In a recent precedential decision, the TTAB held that the
addition of one initial —or possibly even more than one
initial—in front of a surname does not necessarily create the
impression of a personal name. Rather, the Board held that a
surname plus one or more initials may remain "primarily a
surname" and, as such, cannot be registered on the Principal
Register without proof of acquired distinctiveness. Whether an
'initial(s) plus surname' mark is or is not primarily a
surname is a matter of factual inquiry rather than one susceptible
of purely legal analysis.
In In Re Color in Optics, Ltd. (No. 87558653, Feb. 7,
2020), Applicant Jade Hutton applied for the mark "J
HUTTON" for use on eyewear, although no evidence suggested
that she went by or was recognized by "J Hutton." The
Board noted that her signature on the consent authorizing the use
of her name was "Jade Hutton" and there was no evidence
that consumers were aware of "J HUTTON" as a designation
of a
