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TTAB Affirms Surname Refusal of "HARRINGTON OAK" for Flooring

Applicant Mannington Mills was floored by the PTO's Section 2(e)(4) refusal of the mark HARRINGTON OAK for "oak floor boards; oak wooden flooring" [OAK disclaimed]. The Board affirmed the refusal, agreeing with Examining Attorney Monique C. Miller that the mark is primarily merely a surname. In re Mannington Mills, Inc., Serial No. 78783771 (April 22, 2008) [not precedential].The PTO relied upon U.S. Census Bureau data showing that "Harrington" ranks 478th in terms of surname frequency, and that 0.024% of the population has that surname. A white pages website listed more than 300 Harringtons, and the People Finder database contained 30,887 telephone listings for that surname. Seven third-party Harrington registrations reside on the Supplemental Register or under 2(f) on the Principal Register...continue to full post

Full post as published by The TTABlog on May 15, 2008 (boomark / email).