WYHA? MLB Strikes Out in Appeal from 2(e)(1) Refusal of HONORARY BAT GIRL for Charity Contest Services
The Board affirmed a Section 2(e)(1) refusal to register the mark HONORARY BAT GIRL, in standard character form, finding it merely descriptive of "conducting a contest relating to cancer awareness." Dictionary definitions, third-party uses, and MLB's own specimen of use convinced the Board that "consumers are accustomed to contests that award winners with the opportunity to be recognized as 'honorary bat girls/boys' and would understand the term HONORARY BAT GIRL to refer to the contest prize awarded by applicant." Would you have appealed? In re Major League Baseball Properties, Inc., Serial No. 77876203 (November 8, 2012) [not precedential].