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TTAB Reverses Genericness Refusal of "DIGITAL OILFIELD" for B-to-B E-Commerce Services

By John L. Welch

Genericness refusals must be supported by clear evidence, and the PTO fell short of that standard in its refusal to register, on the Supplemental Register, the mark DIGITAL OILFIELD for various business-to-business e-commerce computer goods and services. In re Digital Oilfield Inc., Serial No. 76127133 (April 17, 2008) [not precedential].The PTO relied on a number of NEXIS articles and website printouts using the term "digital oilfield" in arguing that "digital oilfield" refers to "an entire panoply of goods and services" and that the oil industry uses the term "as an umbrella term for all of the electronic or 'digital' goods and services that constitute the business of digital oilfields throughout the world today."Applicant Digital Oilfield, Inc...continue to full post

Full post as published by The TTABlog on April 22, 2008 (boomark / email).