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WYHA? TTAB Finds "Dirt Drifters" Merely Descriptive of -- Guess What?

Applicant Shawn Esposito hit a TTABrick wall in his attempt to register the mark DIRT DRIFTERS for "television show production services." The Board found the mark merely descriptive under Section 2(e)(1). Esposito took small consolation from the Board's reversal of a second refusal concerning his response to the PTO's request for information under Rule 2.61(b). In re Esposito, Serial No. 77248477 (June 30, 2009) [not precedential].Applicant's specimen of useMere Descriptiveness: Examining Attorney Brian Pino contended that DIRT DRIFTERS "merely describes drifters that perform drifting techniques on dirt; the applicant?s services feature such performances." He relied on a Wikipedia definition of "drifting:"Drifting refers to a driving technique and to a motor sport involving the use of the technique...continue to full post

Full post as published by The TTABlog on July 17, 2009 (boomark / email).