Precedential No. 20: TTAB Finds "SMART BEZEL" Merely Descriptive Of Electronic Sensor Modules For Home Automation Systems

The Board affirmed a Section 2(e)(1) refusal to register the proposed mark SMART BEZEL, finding it to be merely descriptive of electronic sensor modules for controlling and integrating home automation systems, lighting systems, and smart heating systems [SMART disclaimed]. Applicant Zuma Array contended that its goods are not bezels and so the mark cannot describe the goods. The Board, however, found the mark to be descriptive of a use or purpose of the modules, and thus ineligible for registration without proof of acquired distinctiveness.  In re Zuma Array Limited, 2020 USPQ2d 736 (TTAB 2022) [precedential] (Opinion by Judge Christopher Larkin).

Zuma acknowledged that "smart" is defined as "using a built in microprocessor" and the word "bezel" refers to "the outer frame of a computer screen, mobile phone or other electronic device." However, it asserted, "none of the applied for goods ... feature a 'bezel' at all." Examining Attorney Michael