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TTAB Affirms Genericness Refusal of "GOJI BERRY" for - Guess What?

Pro se Applicant Bradley Dobos of Eastsound, Washington, made a fruitless attempt to register the term GOJI BERRY for "fruit, namely, raw and unprocessed berry only indigenous to several regions in the Himalayas" in International Class 31 [BERRY disclaimed]. The Board agreed with Examining Attorney Margaret Power that GOJI BERRY "is primarily used and understood by the relevant public as a generic name for a type of berry from the Himalayas." In re Bradley Dobos, Serial No. 76680112 (October 13, 2009) [not precedential].The Board first found that the genus of goods was "berries from the Himalayas." It noted that Applicant Dobos did not limit his goods to any particular type of berry, so "if the relevant purchasing public would find GOJI to be the name of even one type of berry from the Himalayas, then the refusal must be affirmed, for it is not necessary that the term describe all berries indigenous to the region...continue to full post

Full post as published by The TTABlog on November 11, 2009 (boomark / email).