Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

TTAB Agrees that "BIOSILK" is Deceptive for Clothing

It took only seven pages for the Board to explain its affirmance of the PTO's Section (a) deceptiveness refusal of BIOSILK for men's and women's clothing. Applicant argued, to no avail, that consumers would not be deceived but would recognize the term as merely an expansion of Applicant's well-known cosmetics mark to a new product line. In re Farouk Systems, Inc., Serial No. 78646723 (June 19, 2008) [not precedential].The Board observed that a mark is descriptive under Section 2(a) if (1) the term misdescribes the character, quality, function, composition, or use of the goods, (2) prospective purchasers are likely to believe that the misdescription actually describes the goods, and (3) the misdescription is likely to affect the purchasing decision...continue to full post

Full post as published by The TTABlog on July 03, 2008 (boomark / email).