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TTAB Reverses Mere Descriptiveness Refusal of "LUA" for Computer Programs

Finding the Examining Attorney's evidence insufficient, the Board reversed a Section 2(e)(1) refusal to register the mark LUA for computer programs. The Examining Attorney contended that LUA is a programming language and therefore that the mark describes a feature of the goods. The Board, however, was not persuaded, having doubts about "the quantity and character of the evidence submitted by the examining attorney." In re Faculdades Catolicas, Serial No. 77423725 (July 21, 2010) [not precedential].Relying on a dictionary definition of LUA ("an interpreted structured language designed for embedding into other applications") and on Internet excerpts (referring to LUA as a programming language), the Examining Attorney maintained that LUA "describes a feature or purpose of the identified computer programs, namely,that the computer programs are written in or run on the LUA programming language, are for the development of software written in the LUA programming language and are for implementation of the LUA programming language...continue to full post

Full post as published by The TTABlog on August 03, 2010 (boomark / email).