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TTAB Finds "BRAIN GAMES" Merely Descriptive of Puzzle Books, Lacking in Acquired Distinctiveness

It was close to a no-brainer for the Board in its affirmance of a refusal to register the mark BRAIN GAMES for "printed publications, namely, books and magazines containing games, puzzles and other cognitive exercises." The Board found the mark merely descriptive under Section 2(e)(1), and lacking in acquired distinctiveness under Section 2(f). In re Publications International, Ltd., Serial No. 77103024 (July 6, 2009) [not precedential].Mere Descriptiveness: Examining Attorney Michael J. Souders relied on Internet websites showing descriptive use of the term "brain games" in connection with various cognitive and mental exercise games, and in connection with services to help improve learning and memory skills. He maintained urged that "brain games" is used to describe "a genre of games designed to improve one's cognitive abilities and exercise the mind...continue to full post

Full post as published by The TTABlog on July 30, 2009 (boomark / email).