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Precedential No. 9: TTAB Finds "ELECTRIC CANDLE COMPANY" Generic for Light Bulbs

Ruling that "the designation 'company' cannot transform the name of the goods for which registration is sought into a trademark," the TTAB found the term ELECTRIC CANDLE COMPANY to be generic for "light bulbs; lighting accessories, namely, candle sleeves; lighting fixtures." In addition to genericness, the Board also found the phrase to be "incapable of identifying source for electric candles" under Section 23 of the Trademark Act. In re Wm. B. Coleman Co., Inc., Serial No. 77067861 (March 4, 2010) [precedential].Applicant sought registration on the Supplemental Register, having failed to convince Examining Attorney Mark Sparacino that the phrase had acquired distinctiveness under Section 2(f). The Examining Attorney then refused registration on the ground of genericness...continue to full post

Full post as published by The TTABlog on March 08, 2010 (boomark / email).