TTABlog Test: Is CODEBOX Merely Descriptive of Electronic Lock Boxes?

The USPTO refused to register the word-plus-design mark shown immediately below, for "Lockboxes, namely, digital lockboxes; Digital deadbolts and digital door locks," absent a disclaimer of CODEBOX. Applicant argued that CODEBOX is not a common descriptive term in the industry, that the mark is unitary, that the commercial impression engendered by the mark is ambiguous, that the term CODEBOX is incongruous, and that "some imagination, thought, or multistage reasoning [is required] . . . to associate the mark with Applicant’s goods." How do you think this appeal came out? In re CodeBox, Inc., Serial No. 98597114 (September 18, 2026) [not precedential] (Opinion by Judge Robert Lavache).

Examining Attorney Valerie Kaplan submitted internet evidence showing that the word CODE is often used to describe a feature and/or characteristic of the goods: using a code to open the lock box. Applicant's specimen show that the goods include instructions to "Enter [the] Code" to open the lockbox. As to the word "box," some of the same evidence used wording such as "combination key lock box," "combination lock box," "key box," and "lock box" to refer to lockable storage devices for holding keys and other items for accessing a property.

The Board agreed with the applicant that "the record does not establish widespread, or even significant, use of 'CODEBOX' or 'CODE BOX,' in connection with digital lockboxes or any of the other identified goods." However, the fact that applicant may be the first or only user of a proposed mark does not prove that the mark is not descriptive.

[T]he evidence shows that CODE and BOX are commonly used to describe significant features or aspects of lockboxes. Simply combining CODE and BOX, and omitting the space between them, does not change the meaning of these terms or the overall impression they create.

Applicant asserted that CODEBOX is ambiguous and incongruous, but failed to identify "what the relevant incongruity is or explain[] the multistage reasoning that would be required to determine the significance of the term in connection with Applicant’s goods." The Board had "no doubt that 'someone who knows what the goods . . . are will understand the mark to convey information about them.'"

Having found that the term CODEBOX is merely descriptive of the goods, the Board considered applicant's argument that the proposed word-plus-design mark is "unitary," and therefore does not require disclaimer of the literal portion. According to applicant, "the coloring [in the mark] unifies the design by visually connecting the dark blue ‘E’ in the first syllable with the dark blue rectangular background surrounding the second syllable, ‘BOX,’ creating the overall impression of a lockbox with an open shackle." The Board was unmoved:

[W]e agree with the Examining Attorney that nothing about the meaning of the words or their relation to the other elements in the mark renders these elements so merged together, either physically or conceptually, that they would be perceived as inseparable. Nor does the mark otherwise present any obvious incongruity between the literal portion and design portion of the mark that would render the mark unitary.

And so, the Board upheld the disclaimer requirement.

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Text Copyright John L. Welch 2026.