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TTAB Affirms Refusal of "DESIGN EXPRESSIONS" Mark: Not Used as Source Indicator on Specimen of Use

The Board affirmed a refusal to register the mark DESIGN EXPRESSIONS for "referral to building contractors needing building materials or sources of supply of building materials," on the ground that Applicant's specimen "fails to demonstrate use" of the mark for the identified services. In re Contractor Express, No. 76682478 (November 21, 2008) [not precedential].[complete specimen here]Examining Attorney Mariam Aziz Mahmoudi maintained that customers will not perceive the mark DESIGN EXPRESSIONS as a source identifier "when the mark is used in an advertisement which refers to a showroom and design center." Although the specimen informs customers about certain features of the showroom, "it is silent on the source of referral services."Applicant Contractor Express, of course, disagreed and offered a declaration of its Vice-President, who stated:2...continue to full post

Full post as published by The TTABlog on December 10, 2008 (boomark / email).