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ARTICLE · 04 SEPTEMBER 2017

TTAB Test: Is "FERET" Primarily Merely A Surname?

Wolf Greenfield & Sacks
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The USPTO refused registration of the mark FERET under Section 2(e)(4)...

United StatesIntellectual Property

The USPTO refused registration of the mark FERET under Section 2(e)(4), finding it to be primarily merely a surname when use in connection with "Precious metals and their alloys and goods made from these materials included in this class, namely, statues and statuettes of precious metal and their alloys, boxes of precious metal; holiday ornaments of  precious metal; precious knobs and pulls; timepieces and chronometric instruments; watch cases; watch straps; watch dials; chronometers; watches; jewelry watches; watches made of precious metals or coated  therewith; wristwatches; watch movements; movements for watches; watch parts." Applicant argued that FERET is a rare surname with limited public exposure or notoriety, and that no person associated with applicant has that surname, while the Examining Attorney maintained that even rare surnames may be unregistrable. How do you think this came out? In re Carlo Ferrera SA, Serial No. 79162222 (August 25, 2017) [not

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