TTABlog Test: Is MUSEUM OF NAMES Merely Descriptive of Entertainment and Educational Services in the Field of Names?

The USPTO refused to register the mark MUSEUM OF NAMES (in standard character form), deeming it to be merely descriptive of "entertainment and educational services, namely, the presentation of seminars, workshops and panel discussions, and ongoing television and radio shows all in the field of names" [MUSEUM disclaimed]. So far this year, the Board has affirmed all 11 Section 2(e)(1) mere descriptiveness refusals that have been appealed. How do you think this one came out?  In re Taymitch & Associates, Serial No. 99033907 (July 27, 2026) [not precedential] (Opinion by Judge Cheryl S. Goodman).

The Examining Attorney provided dictionary definitions of “museum” (an institution devoted to the procurement, care, study, and display of objects of lasting interest or value or a place where objects are exhibited), “of” (relating to: about), and “name” (a word or combination of words by which a person, place or thing, a body or class or any object of thought is designated, called, or known), an entry from Encyclopaedia Britannica related to “virtual museum” ([A] collection of digitally recorded images, sound files, text documents, and other data of historical, scientific, or cultural interest that are accessed through electronic media), and webpages from physical museums that offer virtual access to their collections.

The Examining Attorney contended that the proposed mark describes the provider of the services, whether physical or virtual.

Applicant Taymitch argued that the Examining Attorney’s evidence was insufficient since its services do not involve collections or access to collections in virtual form and "[n]othing in the identified services involves collections, study, display, or museum operation." [See Applicant's website here]. The Board agreed with Taymitch.

Applicant’s recited services are not identified as museum services, virtual museum services, museum-based educational or entertainment programming, or retail gift shop services provided in or by a museum. The record also contains no evidence that Applicant’s identified services involve the study or display of collections, otherwise constitute a museum-like institution, or are virtual museum services.

The Board observed that, although a proposed mark is considered merely descriptive if it describes the source of the services (see, e.g., Omaha Nat’l Bank, 819 F.2d at 1119; Major League Umpires, 2001 TTAB LEXIS 515, at *5; see generally TMEP § 1209.03(q) (listing cases)), there was no evidence that Applicant Taymitch is a museum.

And so, the Board reversed the refusal.

Read comments and post your comment here.

TTABlogger comment: Compare this decision with yesterdays' decision deeming NATRUAL BRIDGE CAVERNS to be merely descriptive even though the recited services were not identified as involving cave systems or cave. Is the mark MUSEUM OF NAMES misdescriptive? PS: What is the "field of names"?

Text Copyright John L. Welch 2026.