The USPTO refused to register the mark CHALLEN,
in the stylized form shown below, for various musical instruments,
finding the mark to be primarily merely a surname under Section
2(e)(4). Evidence from LEXISNEXIS revealed 345 people with the
surname "Challen," and the 2010 Census counted 133.
Twenty-five newspapers articles, mostly local, referred to persons
named "Challen." Applicant was founded by an individual
named Charles H. Challen, in the 1800s, but there was no evidence
that anyone named "Challen" was associated with the
company for many years. Negative dictionary evidence revealed no
meaning for the word, other than as a surname. I challen-ge you to
predict the result of the appeal.
In re Chas. H. Challen (1804) Limited, Serial No. 87517062
(March 5, 2020) [not precedential] (Opinion by Judge Cindy B.
Greenbaum).
