from Wiktionary, Creative Commons Attribution/Share-Alike License
- adj. In United States trademark law, incapable of receiving trademark registration.
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Is a blatant drug reference for a consumable item inherently scandalous/immoral and thus unregistrable?
The PTO has found FURNITURE MAKERS for a store that sells, but does not produce, furniture to be misleading and unregistrable.
And it adequately alleged contributory infringement by stating that plaintiff “has willfully and intentionally induced third parties to infringe the Marks by encouraging others to misuse the Marks in the form of verbs, adjectives, gerunds, and participles ... so that this misuse will result in the Marks being rendered generic ... and for the specific purpose of rendering them unregistrable.”
Accordingly the Board of Appeal was right to find that the mark applied for was unregistrable on the basis of the absolute ground for refusal laid down in Article
Is a blatant drug reference for a consumable item inherently scandalous / immoral and thus unregistrable?
Because Vertex did not seek to register the mark based on acquired distinctiveness, the Board deemed the mark unregistrable for that reason alone, and it also affirmed the PTO's two refusals to register on the grounds that Vertex's sound mark is functional under Section 2 (e) (5) and fails to function as a trademark for the goods (Sections 1, 2, and 45).
The Board recognized that there are many past cases in which a surname was held to be rare but unregistrable with fewer than