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"FIRSTAIDE" Generic for Bandages and Kits, Says TTAB, Affirmingly

Perhaps Dr. Joseph Smith would like a second opinion, after the Board affirmed a genericness refusal of the term FIRSTAIDE for adhesive bandages, first aid kits, and various medical items. Alternatively, the Board found the term to be merely descriptiveness and lacking in acquired distinctiveness. In re Dr. Joseph Smith, Serial No. 77378967 (November 15, 2010) [not precedential].The Doctor feebly argued that FIRSTAIDE is not a generic term for his goods because "first aid" is a service in the form of medical treatment, not a product. Moreover, he urged that a "first aide" may be an individual who provides first aid. And he asserted that FIRSTAIDE does not describe the goods but merely suggests a quality thereof.Examining Attorney Barbara Gaynor argued that Applicant's goods include "first aid kits," and thus FIRSTAIDE is generic for such goods, in spite of its novel spelling...continue to full post

Full post as published by The TTABlog on December 09, 2010 (boomark / email).