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ARTICLE · 17 MAY 2022

TTABlog Test: Is "DIGITAL VISUAL OBSERVER" Merely Descriptive Of Drone Managing And Tracking Software?

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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Wolf Greenfield & Sacks

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The USPTO refused registration of the proposed mark DIGITAL VISUAL OBSERVER for software and hardware for managing...

United StatesIntellectual Property

The USPTO refused registration of the proposed mark DIGITAL VISUAL OBSERVER for software and hardware for managing, controlling, and tracking drones, including collision avoidance and object detection, finding the mark merely descriptive of the goods and services. Examining Attorney Megan Mischler contended that the mark describes features of the goods and services that perform the functions of a person who is a member of a drone crew tasked with visually monitoring a drone in flight. Applicant Skydio argued that because its drones monitor themselves, there is no "observer," and furthermore that the mark is incongruous and/or a double entendre. How do you think this came out?  In re Skydio, Inc., Serial No. 88928113 (May 10, 2022) [not precedential] (Opinion by Judge Peter W. Cataldo).

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