The USPTO refused registration of the mark
DARBYSHIRE for audio books, fictional works, and
digital on-demand printing services, deeming the mark to be
primarily merely a surname under Section 2(e)(4). The Examining
Attorney relied on LexisNexis records showing that 537 persons in
the USA have that surname. Applicant contended that the surname is
"extremely rare." How do you think this came out? In re Gwabboh LLC, Serial No. 88106129
(May 18, 2020) [not precedential] (Opinion by Judge Mark
Lebow).
The Board found that DARBYSHIRE is a rare surname, but it
observed once again that even a rare surname is not registrable if
"the relevant purchasing public for Applicant's [goods
and] services is more likely to perceive Applicant's proposed
mark as a surname rather than as anything else." In re
Beds & Bars, Ltd., 122 USPQ2d 1546, 1551 (TTAB 2017);
see also In re Eximius Coffee, 120 USPQ2d 1276, 1281 (TTAB
2016) ("Section 2(e)(4) makes no distinction between rare
