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ARTICLE · 27 NOVEMBER 2017

TTAB TEST: Is "UNI/FORM" Merely Descriptive Of Clothing?

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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The USPTO refused registration of the mark UNI/FORM in standard character form, finding it to be merely descriptive of clothing, namely, belts, shorts, t-shirts, etc.

United StatesIntellectual Property

The USPTO refused registration of the mark UNI/FORM in standard character form, finding it to be merely descriptive of clothing, namely, belts, shorts, t-shirts, etc. On appeal, applicant contended that the mark is merely suggestive of its goods, which are "non-standardized, individual and voluntarily purchased medium to high price-point clothing." Applicant also claimed that UNI/FORM is a double entendre, referring to "UNIque FORMula," and furthermore is incongruous. How do you think this came out? In re John Patrick Allen, Serial No. 86800623 (November 16, 2017) [not precedential] (Opinion by Judge Marc A. Bergsman).

Examining Attorney Annie M. Noble submitted a dictionary definition of "uniform" as "the distinctive clothing worn by members of the same organization or body or children attending certain schools" [This brings back painful memories of eight years of wearing a tan shirt and blue tie at St Leo's School on Chicago's South Side - ed.] or

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