Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

"SEARCH ENGINE OPTIMIZATION" Merely Descriptive of Marketing Services, Says TTAB

Modern Consulting Solutions, a sole proprietorship composed of Jason Gambert, hit into a triple play in its attempt to register the mark SEARCH ENGINE OPTIMIZATION for "providing advertising, marketing and promotional services, namely development of advertising campaigns for use on computers and related consulting." The Board affirmed refusals to register under Sections 2(e)(1) [mere descriptiveness], 2(d) [likelihood of confusion], and 1,2, and 45 [unacceptable specimen of use]. In re Modern Consulting Solutions, Serial No. 77509514 (April 30, 2010) [not precedential].[click on illustration for larger picture]Mere descriptiveness: Based on a dictionary definition of the term "search engine optimization," the use of the phrase in the third-party websites, and Applicant?s own descriptive use of that phrase, the Board found SEARCH ENGINE OPTIMIZATION to be "at a minimum, descriptive of a significant feature of applicant?sservices, namely, that applicant offers advertising services that include the provision of or consulting on search engine optimization...continue to full post

Full post as published by The TTABlog on May 10, 2010 (boomark / email).