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"VINTAGE PINK" Not Merely Descriptive of Jewelry and Clothing, Says TTAB

In a determination "not free from doubt," the Board reversed a Section 2(e)(1) refusal to register VINTAGE PINK, finding it not merely descriptive of various jewelry and clothing items. Although Applicant admitted that some of her goods will be pink in color and will follow a ?retro style,? she contended that neither the color pink nor the ?retro style? is a significant attribute of her goods. In re Ashley O?Rourke, Serial No. 77093617 (December 2, 2009) [not precedential].As to the descriptiveness of the word "pink," the board observed that "from a trademark perspective the use of a color word in a mark for clothing or jewelry is unlikely to be perceived as descriptive of a significant aspect of those goods." Moreover, Applicant and the Examining Attorney agree that ?pink? is suggestive of femininity...continue to full post

Full post as published by The TTABlog on December 07, 2009 (boomark / email).