[This guest post was written by Kira-Khanh McCarthy, a 2L at
University of Notre Dame Law School]. The TTAB affirmed a refusal
to register COMBAT ROSARY (in standard characters,
"Rosary" disclaimed) for "rosaries" on the
ground of genericness. Applicant conceded that the term is merely
descriptive by amending its initial application to seek
registration on the Supplemental Register, but insisted that the
mark is not generic after Examining Attorney Jason Paul Blair
refused registration under Section 23(c) and Section 45. In re Deus Vult, LLC, Serial No. 87186211
(January 30, 2019) [not precedential] (Opinion by Judge Frances
Wolfson).
The Board sought to determine what is the genus of the goods at
issue and whether relevant purchasers understand the designation
primarily to refer to that genus of goods.
