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TTAB Finds "LAGUNA" Logo on T-Shirt Merely Ornamental, Affirms Refusal

The Board affirmed a refusal to register the logo shown immediately below, for "clothing, namely, t-shirts, sweatshirts, tank tops and tops," under Sections 1, 2, and 45, finding it to be "primarily an ornamental feature of the goods" that "does not function as a trademark for the goods." In re LS&S Retail, Inc., Serial Nos. 77524535, 77525441, and 77525450 (September 30, 2010) [not precedential].Before reaching the ornamentality issue, the Board first affirmed Section 2(d) refusals to register the mark LAGUNA SURF & SPORT in standard character and two design forms for various clothing items and related retail store services, finding the marks likely to cause confusion with five registered marks comprising the word LAGUNA in standard character and design form for various clothing items...continue to full post

Full post as published by The TTABlog on November 03, 2010 (boomark / email).