WYHA? TTAB Affirms Mere Descriptiveness Refusal of PHOTOGREFER for Online Photography Referrals
The Board agreed with Examining Attorney Brittney L. Cogan that the mark PHOTOGREFER is merely descriptive of "online referrals in the field of photography," under Section 2(e)(1). Applicant agreed that its usage of the mark indicates that the two words are intended to be understood independently: as "Photog" and "Refer." Would you have appealed? In re Photogrefer.com Inc., Serial No. 85838184 (March 9, 2015) [not precedential].
The Board noted that, although applicant seeks registration for PHOTOGREFER in standard character form, it could (and does) depict the mark as two words. PhotoGrefer refer is merely descriptive of applicant's online referral services. Even if applicant were the only use of the term, the mark would still be merely descriptive.
Finally, applicant made the strange argument that "the term 'PHOTOGREFER' in relation to services like those of the Applicant has consistently been treated as suggestive of the respective services." However, none of the registrations referred to by Applicant were for the mark PHOTOGREFER.
And so the Board affirmed the refusal.
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TTABlog note: Well, would you have?
Text Copyright John L. Welch 2015.