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"CHARLESTON GATE" Merely Descriptive of Jewelry Copying Charleston Gate Designs, Says TTAB, Not Surprisingly

In another gem of a case that warrants addition to our WYHA? collection, the Board affirmed a Section 2(e)(1) refusal to register the mark CHARLESTON GATE, finding it to be merely descriptive of "jewelry, namely, earrings, necklaces, pins, slides, rings, bracelets, pendants, charms, key rings." In re B. Gould Jewelry, Inc., Serial No. 78836910 (December 22, 2008) [not precedential].Examining Attorney Michael E. Wiener maintained that the mark is merely descriptive because the goods "contain the designs of the famous gates of Charleston, South Carolina, or replications thereof." He provided substantial evidence indicating that "Charleston, South Carolina, is famous for the design of the large hand-crafted gates built over centuries that dot the city...continue to full post

Full post as published by The TTABlog on January 13, 2009 (boomark / email).