TTAB Upholds Surname Refusal of GOLIA for Candy

The TTAB affirmed a Section 2(e)(4) refusal of proposed mark GOLIA for "non-medicated candy confectioneries and non-medicated candies," finding the term to be primarily merely as surname. Applicant Michael J. Golia argued that "the surname GOLIA is exceedingly rare and virtually unknown to the American public" and he pointed to the Italian translation of GOLIATH, purportedly establishing a readily understood non-surname meaning. The Board (cast in the role of David?) was unmoved. [BTW: GOLIA is the brand name of a popular Italian candy (depicted below) having no apparent connection with this applicant - ed.]. In re Michael J. Golia, Serial No. 98516586 (April 17, 2026) [not precedential] (Opinion by Judge Catherine Dugan O'Connor).

Examining Attorney Kennina Ip contended that Applicant Michael J. Golia's own use of the mark as a surname is probative evidence of the significance of the term. The Board agreed. It further observed that even if the name is relatively rare, the purchasing public has been exposed to GOLIA as a surname through media references to individuals with that name. "Section 2(e)(4) makes no distinction between rare and commonplace surnames ... and even a rare surname is unregistrable if its primary significance to purchasers is a surname."

The evidence included more than two dozen media mentions and references to individuals with the surname Golia, including jazz musician Vinny Golia and New York Mets trainer Joe Golia. Applicant faulted the Examining Attorney for not presenting evidence of a “nationally famous figure" with the surname GOLIA, but the Board pointed out that there is no such evidentiary requirement. "Although the total number of persons in the United States with the surname Golia may be somewhat low, the examples of people in law, the arts, business, and other fields having the surname Golia show meaningful and fairly broad public exposure to GOLIA as a surname."

The Board found that GOLIA has no recognized meaning beyond its surname significance. Applicant argued that GOLIA is recognized as the Italian equivalent of GOLIATH, a Biblical and cultural reference connoting size and strength, but he provided no dictionary or translation evidence that "Golia" means "Goliath." The Board concluded that "the evidence supports a finding that the primary significance of GOLIA is as a surname, potentially derived from the Biblical name “Goliath” as a reflection of the physical characteristic of size."

Finally, the Board found that GOLIA has the structure and pronunciation of a surname: "we have multiple examples of other surnames that share the GOL- prefix or the -IA suffix as well as examples of surnames that differ by only one letter. In particular, on their face names such as GOLIAS, GOLIO, GOLIS and GOLLA are quite similar to GOLIA."

And so, the Board affirmed the refusal.

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TTABlogger comment: To state the obvious, you start out behind the 8-ball when the mark you're trying to register is your own surname.

Text Copyright John L. Welch 2026.