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ARTICLE · 22 OCTOBER 2021

TTABlog Test: Is "VOTESAPP" Merely Descriptive Of A Social Networking App?

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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The USPTO refused to register the mark VOTESAPP for "online social networking services accessible by means of downloadable mobile applications," finding it to be merely descriptive of the services under Section 2(e)(1).

United StatesIntellectual Property
John L. Welch
John L. Welch
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The USPTO refused to register the mark VOTESAPP for "online social networking services accessible by means of downloadable mobile applications," finding it to be merely descriptive of the services under Section 2(e)(1). Applicant Mehta stated that the app is "directed toward 'getting out the vote,'" but he argued that his mark "has no recognized meaning in connection with social networking services and the relationship between the terms 'VOTES' and 'APP' is not immediately clear." How do you think this appeal came out? In re Niraj R. Mehta, Serial No. 88453022 (October 18, 2021) [not precedential] (Opinion by Judge Christopher Larkin).

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There was no doubt that the term "app" describes applicant's services. The word "votes," however, was "quite a different matter." The Board took judicial notice that "'vote' is both a verb meaning 'to make an official choice for or against someone or something by casting a ballot, raising your hand, speaking your choice

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