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Despite Claim that "MERROW" Means "Mermaid," TTAB Affirms 2(e)(4) Surname Refusal

Finding that three of the four surname factors support the PTO's refusal, and the fourth is neutral, the Board affirmed a Section 2(e)(4) refusal to register the mark MERROW for "toys, namely playsets for toy figures and plastic character toys; toy action figures and accessories therefor; stuffed and plush toy animals." In re Lash?s Lessons, LLC, Serial No. 78857737 (May 27, 2008) [not precedential].Applicant made the not uncommon, but typically unsuccessful, statistical argument that "only 0.0004% and 0.001% of the people in the Lexis/Nexis ('P-Find') and the 'Long Lost People' databases, respectively, have 'merrow' as a surname." The Board agreed that MERROW is a rare surname, but pointed out that this conclusion does not preclude a Section 2(e)(4) refusal...continue to full post

Full post as published by The TTABlog on June 20, 2008 (boomark / email).