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Divided Board Panel Affirms Mere Descriptiveness Refusal of "STEELWORKERS," Finds 2(f) Evidence Insufficient

A divided Board panel affirmed a refusal to register the collective membership mark STEELWORKERS for "indicating membership of a[n] (sic) labor organization," finding the mark highly descriptive of the membership of Applicant's organization, and Applicant's evidence of acquired distinctiveness insufficient to overcome the refusal. Judge David Bucher, in dissent, maintained that the majority had applied too high a standard for the Section 2(f) evidence, and that under the circumstances Applicant had provided sufficient evidence to overcome the Section 2(e)(1) refusal. In re United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union AFL-CIO.CLC, Serial No. 78815310 (February 27, 2009) [not precedential]...continue to full post

Full post as published by The TTABlog on March 04, 2009 (boomark / email).