Reversing A Surname Refusal, TTAB Finds BROE (Stylized) Has Acquired Distinctiveness

Although finding that the term BROE is primarily a surname, and that the stylization shown below does not make the mark inherently distinctive, the Board reversed this Section 2(e)(4) refusal because applicant established acquired distinctiveness under Section 2(f). In re Broe Management Company, LLC d/b/a The Broe Group, Serial No. 86715987 (August 11, 2017) [not precedential] (Opinion by Judge Michael B. Adlin).

Surname?:

The evidence established that applicant is named for its founder and chief executive officer, Pat Broe. On its website, applicant describes itself as a "family-owned business." Negative dictionary evidence indicated that "broe" has no non-surname meaning and a Wikipedia entry for "broe" states that the word is a surname. Other evidence identified individuals with the surname BROE, and the namesite.com website list 1,250 persons with that surname.