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Intellectual Property Law

: The TTABlog

TTABlog Test: Is "KEZAR" for Pharmaceutical Products Primarily Merely a Surname?

The USPTO refused to register the proposed mark KEZAR for pharmaceuticals and chemicals for use in the manufacture of pharmaceuticals, finding the term to be primarily merely a surname under Section 2(e)(4). The examining attorney argued that KEZAR has no recognized meaning other than as a surname, while applicant contended that KEZAR has ?geographic significance? because it is the name of a stadium in San Francisco. The examining attorney conceded that KEZAR is an uncommon surname, but pointed out that the San Francisco stadium was named after a prominent citizen named Mary Kezar. How do you think this appeal came out? In re Kezar Life Sciences Australia Pty Ltd, Serial No. 79256294 (August 27, 2020) [not precedential] (Opinion by Judge Thomas W...continue to full post

Full post as published by The TTABlog on September 22, 2020 (boomark / email).