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Intellectual Property Law

: The TTABlog

TTAB Administers 2(e)(4) Kiss of Death to "SIMMONS COMICS GROUP" for Comic Books

Finding Applicant's evidence insufficient to show that Kiss guitarist Gene Simmons is a renowned historical figure for purposes of Section 2(e)(4), the Board affirmed a surname refusal of SIMMONS COMICS GROUP for comics ["COMICS GROUP" disclaimed]. In re Gene Simmons Comics Group, Serial No. 78905279 (September 19, 2008) [not precedential].The Board applied its usual 2(e)(4) analysis, finding that SIMMONS is a "very common surname" (ranking 92nd out of some 89,000 surnames in the 1990 census data), that the name of someone (Gene Simmons) associated with Applicant has that surname, and that Simmons has the "look-and-feel" of a surname.Applicant argued that SIMMONS has a recognized meaning other than as a surname because Gene Simmons is "a very well know celebrity," i...continue to full post

Full post as published by The TTABlog on October 02, 2008 (boomark / email).

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