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Precedential No. 43: TTAB Reverses Genericness Refusal of "THUMBDRIVE" for Portable Storage Devices

Ruling that the USPTO failed to meet its burden to provide clear evidence that THUMBDRIVE is generic, the Board reversed a refusal to register the mark for portable digital electronic storage devices. The record included "both trademark and generic uses [and] evidence of lack of competitor use," which at a minimum created "doubt sufficient to tip the balance in favor of registration." In re Trek 2000 International Ltd., Serial No. 77099785 (November 30, 2010) [precedential].The Board first addressed a procedural point concerning Trek's argument that the case had been improperly restored to the Examining Attorney after publication because no showing of "clear error" was made with regard to the approval for publication. It pointed out that "questions involving applicability of the 'clear error' standard are the subject matter of a petition to the Director, and are not proper for consideration by way of an appeal to the Board...continue to full post

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