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"LIFETIME WARRANTY" Merely Descriptive of Clothing, Says TTAB, Not Surprisingly

When I first saw this decision, I thought it involved Ray Allen of the World Champion Boston Celtics. But it's not In re Ray Allen, it's In re Allen, as in Vergil M. Allen of Santa Clara California. The latter Allen threw up an air ball in his attempt to register the mark LIFETIME WARRANTY for various clothing items. Examining Attorney Howard Smiga blocked his shot at registration by issuing a Section 2(e)(1) mere descriptiveness refusal. The Board affirmed. In re Allen, Serial No. 78240344 (July 31, 2008) [not precedential].Ray AllenThe PTO relied on dictionary definitions and Internet web pages to show various meanings of "lifetime warranty," and on Applicant's own statement regarding his goods that "at a date after the initial sale, the consumer may exchange the initial product for a similar product of similar quality but having a different design on it - regardless of the condition of the initial product at the time of the exchange...continue to full post

Full post as published by The TTABlog on August 01, 2008 (boomark / email).