[This guest post was written by Kira-Khanh McCarthy, a rising-3L
at University of Notre Dame Law School.] In a rather surprising
decision, the Board reversed a Section 2(e)(4) refusal to register
SIRON for, inter alia, computer software.
The Examining Attorney initially rejected the mark as primarily
merely a surname, citing several search results and other online
sources as evidence. Applicant, Fair Isaac Germany GmbH, timely
appealed and requested reconsideration. After the Examining
Attorney denied Applicant's request for reconsideration, the
Board resumed the appeal. Following an analysis of the oft-cited
Benthin factors, the Board reversed the refusal to
register. In re Fair Isaac Germany GmbH, Serial
No. 87424333 (May 28, 2019) [not precedential] (Opinion by Judge
Jonathan Hudis).
