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Applicant Fails to Prove Historical Significance of "DAIMLER" for Vehicles, TTAB Affirms 2(e)(4) Surname Refusal

Applying its standard Section 2(e)(4) analysis, the Board affirmed a refusal to register the mark DAIMLER for "land vehicles," finding that the PTO had made out a prima facie case that the mark is primarily merely a surname, and that Applicant Jaguar had failed to rebut the PTO's case. Applicant argued that DAIMLER has historical significance that eclipses the marks surname significance because it identifies automobile pioneer Gottlieb Daimler, but the Board found inadequate Applicant's evidence that he is that widely-known. In re Jaguar Cars Limited, Serial No. 77035168 (April 7, 2009) [not precedential].The Board applied the surname test set forth in In re Benthin Management GmbH, 37 USPQ2d 1332 (TTAB 1995). As to rareness, Examining Attorney Eli J...continue to full post

Full post as published by The TTABlog on April 21, 2009 (boomark / email).