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Intellectual Property Law

: The TTABlog

Test Your TTAB Judge-Ability: Is "MONSTER" Merely Descriptive of Automotive Accessories?

Monster Cable filed an ITU application to register the mark MONSTER for various automotive and truck accessories, including suspension struts and truck bed liners, but Examining Attorney Steven W. Jackson found the mark to be merely descriptive and refused registration under Section 2(e)(1). Application argued (1) that just because there is a vehicle called a "monster truck" does not mean that "monster" is descriptive of automotive accessories, (2) that "monster" per se has no direct relationship with automotive accessories, and (3) because average consumers do not drive monster trucks, the word "monster" does not directly describe automotive accessories. How would you rule? In re Monster Cable Products, Inc., Serial No. 78348832 (January 24, 2011) [not precedential]...continue to full post

Full post as published by The TTABlog on February 10, 2011 (boomark / email).

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