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WYHA? TTAB Affirms Mere Descriptiveness Refusal of "LOCAL LABEL" for Clothing

Marylander Curtis A. Brubaker, Jr., failed to overcome a Section2(e)(1) mere descriptiveness refusal of the mark LOCAL LABEL for "hats; polo shirts; shirts; short-sleeved or long-sleeved t-shirts." The two arguments that this local Applicant tried on for size were sure TTAB losers, which is why this case is a candidate for our WYHA label. In re Curtis A. Brubaker Jr., Serial No. 78797601 (July 8, 2009) [not precedential].Maryland state flagExamining Attorney Steven Foster relied on dictionary definitions of "local" and "label," on excerpts from newspapers downloaded from NEXIS, and on Internet webpages, in arguing that "when viewed in connection with applicant's goods, the words 'LOCAL LABEL' merely describe clothing items sold near their location of manufacture or design...continue to full post

Full post as published by The TTABlog on July 29, 2009 (boomark / email).