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ARTICLE · 30 JUNE 2020

TTABlog Test: Is STAGER Merely Descriptive Of Theatrical Production Software?

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

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The USPTO refused to register the proposed mark STAGER for, inter alia, downloadable theatrical management application software...

United StatesIntellectual Property

The USPTO refused to register the proposed mark STAGER for, inter alia, downloadable theatrical management application software," finding the term to be merely descriptive under Section 2(e)(1). Applicant argued that "stager" is not a term of art in the theatrical production field, is not used by its competitors, and is primarily used in the real estate field for a person who prepares houses for sale. How do you think this came out? In re Stager Intellectual Properties, LLC, Serial No. 87756847 (June 26, 2020) [not precedential] (Opinion by Judge Angela Lykos).

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Examining Attorney Julie Watson relied on online dictionary definitions of "stager" as "someone who supervises the physical aspects in the production of a show and who is in charge of the stage when the show is being performed." Moreover, applicant stated in its responses to a Rule 2.61 request for information that its software will be used by and marketed to stage managers, but it denied that "stager" is

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