The USPTO refused to register the mark PURSE
SIZED for tampons, finding the mark to be merely
descriptive under Section 2(e)(1). On appeal, applicant argued that
the mark does not provide any specific information regarding
tampons, since tampons are small enough to fit inside a purse
anyway. Moreover, no one else uses the mark. How do you think this
one turned out?
In re First Quality Hygienic, Inc., Serial No.
87197883 (September 24, 2018) [not precedential] (Opinion by Judge
Alber Zervas).
Examining Attorney Christopher Buongiorno relied on several
website pages using the term "purse-sized" for various
products, one of them being tampons, and on applicant's answers
to the following questions:
