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ARTICLE · 12 AUGUST 2019

TTABlog Test: Is "KERRIDGE COMMERCIAL SYSTEMS" Primarily Merely A Surname?

Wolf Greenfield & Sacks
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The USPTO refused to register the mark KERRIDGE COMMERCIAL SYSTEMS for various goods and services, all for use in the distribution...

United StatesIntellectual Property

The USPTO refused to register the mark KERRIDGE COMMERCIAL SYSTEMS for various goods and services, all for use in the distribution, wholesale, merchant and retail industries [COMMERCIAL SYSTEMS disclaimed], finding the mark to be primarily merely a surname under Section 2(e)(4). The evidence showed at least 193 results for the surname "Kerridge" from 18 different U.S. states, but Applicant argued that this is an insignificant portion of the U.S. population. How do you think this came out? In re Kerridge Commercial Systems Limited, Application Serial No. 87383302 (August 6, 2019) [not precedential] (Opinion by Judge Elizabeth A. Dunn).

Kerridge, England

Evidentiary issues: The Examining Attorney submitted a screenshot purporting to show that KERRIDGE is the name of applicant's founder, but because the document lacked a date and a URL, the Board refused to consider it. See In re I-Coat Company, LLC, 126 USPQ2d 1730, 1733 (TTAB 2018) and In re Mueller Sports

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