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Applicant Gets Benefit of the Doubt: "GREEN INDIGO" Not Merely Descriptive of Clothing, Says TTAB

The Board reversed a Section 2(e)(1) refusal to register the mark GREEN INDIGO, finding it not merely descriptive of "bottoms; [and] tops." Noting that there is a "thin line of demarcation between a suggestive and a merely descriptive designation," the Board saw the lack of evidence of descriptive use of the phrase in the clothing industry as indicative that the mark is only suggestive. In re Jones Investment Co. Inc., Serial No. 77249189 (January 21, 2009) [not precedential].India Indigo Dye LumpThe PTO maintained that the mark "describes a specific characteristic of the goods, namely that they may come in the colors GREEN or INDIGO." Applicant argued that the words "green" and "indigo" have other meanings and when combined in its mark, are incongruous...continue to full post

Full post as published by The TTABlog on February 20, 2009 (boomark / email).