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Precedential No. 22: Reversing 2(e)(4) Refusal, TTAB Finds "P.J. FITZPATRICK, INC." Not Primarily Merely a Surname

The TTAB reversed a Section 2(e)(4) refusal to register the mark P.J. FITZPATRICK, INC. for various construction services, finding the mark not to be primarily a surname. The Board attempted to clarify prior case law by stating that "if a mark consists of two initials (or more) coupled with a surname, it typically will convey a commercial impression of a personal name, and thus generally will not be primarily a surname." In re P.J. Fitzpatrick, Inc., Serial No. 77256618 (June 11, 2010) [precedential].The case that particularly needed clarification was the CCPA's decision in In re I. Lewis Cigar Mfg. Co., 998 USPQ 265 (CPA 1953), in which the court found the mark "S. Seidenberg & Co.'s" to be primarily merely a surname. The Board observed that in Lewis Cigar, "the court did not find as a matter of law that a single initial added to a surname could never convey something other than surname significance...continue to full post

Full post as published by The TTABlog on June 17, 2010 (boomark / email).