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TTAB Reverses Mere Descriptiveness Refusal of "SAFETY JOGGER" for Work Shoes

The Board reversed a Section 2(e)(1) refusal to register the mark SAFETY JOGGER, finding it not merely descriptive of "clothing, namely, work shoes and boots, and headwear." In re Cortina N.V., Serial No. 79019306 (July 1, 2008) [not precedential].The PTO relied on dictionary definitions of the word "safety" and on Internet advertisements referring to various athletic shoes as "joggers." The Examining Attorney maintained that the "logical and apparent meaning" of SAFETY JOGGERS is "?that applicant?s goods involve a sneaker shoe that creates a freedom from injury." [TTABlog comment: Where does it say "sneaker" in the identification of goods?]Applicant?s website describes its "Safety Jogger"? shoes as "high performance safety shoes," with features such as a "steel toe cap," "antiperforation steel sole," "extreme comfort anatomic insole," and ?breathable leather uppers...continue to full post

Full post as published by The TTABlog on July 14, 2008 (boomark / email).