Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

Precedential No. 26: TTAB Affirms Descriptiveness Refusal of "BATTLECAM" for Computer Game Software

Applicant Petroglyph Games won the identification-of-goods battle but lost the registration war regarding its mark BATTLECAM for "computer game software." In a rather odd ruling, the Board reversed the PTO's requirement that Petroglyph provide a new identification of goods. It then affirmed the Section 2(e)(1) refusal, finding the mark merely descriptive of a feature of game software. In re Petroglyph Games, Inc., Serial No. 78806413 (June 19, 2009) [precedential].Click on picture for larger imageIdentification of goods: Examining Attorney Khanh M. Le contended that "computer game software" is an inaccurate identification because the specimen of use (above) shows the mark being used only for a feature of a computer game. [The word BATTLECAM with an adjacent "TM" appears near the the row of blue lights toward the bottom of the specimen; click on the photo above to see a larger image of the specimen]...continue to full post

Full post as published by The TTABlog on July 02, 2009 (boomark / email).