The USPTO refused to register the proposed
mark
BARSKI for beverage glassware,
pitchers, ice buckets, and various other items in Class 21,
concluding that the mark is primarily merely a surname under
Section 2(e)(4). The Examining Attorney relied on 415 entries in
the Lexis.com Surname Database, references to eight individuals
with that surname (including former MLB player, Chris Barski),
negative dictionary evidence, and a Wikipedia entry stating that
the suffix ski is often found in Polish names.
Applicant argued that BARSKI is an extremely rare surname and the
mark was derived from names of its founders, BaumgARten and
ZablotSKY. How do you think this appeal came out?