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Test Your TTAB Judgeability: Is "BLUECAR" Merely Descriptive of Electric Vehicles?

Applicant Bollore sought to register the mark BLUECAR for electrically-powered vehicles, but the Examining Attorney refused registration on the ground that the mark is merely descriptive under Section 2(e)(1), reasoning that Applicant's identification of goods may encompass blue-colored electric cars. Bollore argued that BLUECAR is a double entendre because the mark is used in connection with environmentally friendly (i.e., blue) vehicles. The Board rendered a split decision. How would you rule? In re Bollore, Serial No. 79039545 (May 20, 2010) [not precedential].To prove that the word "blue" means environmentally friendly, Bollore submitted excerpts from six websites from entities that use the word "blue" as part of their names and in connection with renewable energy...continue to full post

Full post as published by The TTABlog on June 04, 2010 (boomark / email).