SHIPPERCOPILOT Merely Descriptive of AI Software Services for Facilitating Shipping, Says TTAB

The Board upheld a Section 2(e)(1) refusal to register the proposed mark SHIPPERCOPILOT (in standard character form), finding it to be merely descriptive of "artificial intelligence as a service (AIAAS) services featuring software using artificial intelligence (AI) for facilitating radio frequency identification (RFID), warehouse management, shipping, picking, packing, transfer of stock, storing of goods, planning, workflow optimization, tracking, alerts, inventory monitoring, outbound and inbound delivery, parcel tracking, and parcel tracing in the logistics industry." As usual, Applicant Eshipjet Software argued that the mark is at most suggestive, but the Board didn't buy it. In re Eshipjet Software Inc., Serial No. 98708838 (October 7, 2025) [not precedential] (Opinion by Judge Mark Lebow).

Examining Attorney James Sensor submitted a dictionary definition of "shipper" (“one that sends goods by any form of conveyance") and several articles showing use of "copilot" as "a term of art for an artificial intelligence (AI)-powered assistant designed to help users with various tasks." From that evidence, the Board found that SHIPPERCOPILOT "immediately conveys to consumers a feature, function, or characteristic" of applicant's services."

Eshipjet maintained that the combination of the terms evokes a new and unique commercial impression: it "suggests an assistant shipping pilot that steers a ship through a difficult stretch of water." However, the Board pointed out once again that a term must be considered in the context of the identified goods and/or services, not in the abstract.

[T]he wording “SHIPPERSCOPILOT,” when used in connection with Applicant’s computer AI software services, immediately conveys information about Applicant’s services, namely, an AI computer assistant (otherwise known as a “copilot”) that assists shippers with their shipping logistics.

And so, the Board affirmed the refusal.

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TTABlogger comment: Is this a WYHA?

Text Copyright John L. Welch 2025.