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Intellectual Property Law

: The TTABlog

TTAB Reverses Surname Refusal of "SIGMANN" for Kitchen Fixtures

The Board needed only six pages to set out its decision reversing a Section 2(e)(4) surname refusal of the mark SIGMANN for sinks, lamps, and lighting fixtures, printed matter relating to kitchens, and kitchen furniture. The Examining Attorney offered a feeble NEXIS/LEXIS listing of 33 persons with the surname SIGMANN (five of which appeared to be duplicates), and excerpts from five news stories about persons name SIGMANN. From that poor start, it was all downhill for the refusal. In re SieMatic Schweiz GmbH, Serial No. 79033882 (August 14, 2009) [not precedential].The Board applied its standard Section 2(e)(4) test found in In re Benthin Managment GmbH, 37 USPQ2d 1332 (TTAB 1995). In light of the PTO's weak surname usage evidence, the Board concluded that SIGMANN is an "extremely rare surname...continue to full post

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

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