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We haven't had a surname case in a while. Here, the USPTO refused to register the proposed mark BORRELLO'S for various cell phone accessories and related goods, on the ground that the mark. ....
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? ....