TTABlog Test: Is MAGNUS Primarily Merely A Surname For Whiskey?

The USPTO refused to register the mark MAGNUS for "whiskey, gin and distilled spirits," finding the mark to be primarily merely a surname under Section 2(e)(4). Examining Attorney Kevin G. Crennan relied on search results showing thousands of individuals with the surname MAGNUS, and on evidence of applicant's promotion of its connection to Joseph Magnus, an historical distiller. Applicant pointed to twelve existing registrations for the word MAGNUS that were not refused registration under Section 2(e)(4). How do you think this came out? In re Jos. A. Magnus & Co., LLC, Serial No. 87618554 (January 15, 2020) [not precedential] (Opinion by Judge Thomas W. Wellington).

Results from three searches turned up several thousand individuals with the surname MAGNUS. The Board found that this evidence "shows that the relevant public has some exposure to MAGNUS as a surname."