Share on LinkedInShare on LinkedIn

ARTICLE · 12 DECEMBER 2018

TTAB Test: Is "OVER THE FLOOR" Merely Descriptive Of Rugs And Mats?

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

Wolf Greenfield & Sacks

Wolf, Greenfield is one of the 10 largest law firms in the United States devoted exclusively to...

View firm profile
Explore more from Wolf Greenfield & Sacks

The USPTO refused to register the mark OVER THE FLOOR, finding it to be merely descriptive of "bath mats; personal exercise mats; meditation mats; gymnasium exercise mats; yoga mats;

United StatesTechnology

The USPTO refused to register the mark OVER THE FLOOR, finding it to be merely descriptive of "bath mats; personal exercise mats; meditation mats; gymnasium exercise mats; yoga mats; door mats; floor pads and non-skid floor mats in the nature of non-slip pads for use under rugs or carpet to prevent slippage; rugs; area rugs." Applicant argued that "the 'mental link' between the mark OVER THE FLOOR and Applicant's goods as recited in the application is neither immediate nor instantaneous, and that its goods are placed on the floor, not over the floor. How do you think this came out? In re Mats & Rugs LLC, Serial No. 87594162 (December 4, 2018)[not precedential] (Opinion by Judge Jyll Taylor).

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from