Reversing Section 2(e)(1) Refusal, TTAB Finds "MINKY COUTURE" Has Acquired Distinctiveness For Blankets

The Board reversed a Section 2(e)(1) refusal to register mark MINKY COUTURE for "Baby
blankets; Bed blankets; Children's blankets, all made using minky fabric" [MINKY disclaimed], finding that the mark had acquired distinctiveness under Section 2(f). The Board agreed with the examining attorney that the mark is merely descriptive of the goods but, applying the Section 2(f) factors of In re Virtual Indep. Paralegals, it concluded that applicant provided "sufficient circumstantial evidence of acquired distinctiveness despite the absence of direct evidence of consumer recognition." In re Minky Couture, Serial No. 87589711 (April 2, 2020) [not precedential] (Opinion by Judge Frances Wolfson).