Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

Test Your TTAB Judge-Ability: Is This Mark, With Disclaimer, Stylized Enough for the Principal Register?

The Board found the term IT BAG to be merely descriptive of "travel bags; multi-purpose purses; purses." But here's the question: if Applicant disclaimed IT BAG in the applied-for mark shown below, is the mark sufficiently distinctive to merit a registration on the Principal Register? You be the judge. The TJX Companies, Inc. v. Denise Marie Barr, Opposition No. 91185498 (April 30, 2010) [not precedential].After almost stumbling over the standing hurdle, Opposer established that the term "It Bag" is used to describe a handbag which is "trendy, fashionable or stylish in nature." In other words, it's a bag that some consumers must have.That led to this question: whether the mark IT BAG in the stylized form shown above is registrable on the Principal Register with a disclaimer of IT BAG...continue to full post

Full post as published by The TTABlog on May 14, 2010 (boomark / email).