IP Law Daily, TRADEMARK—TTAB: `ASK ME ABOUT' formative mark was merely descriptive, (Dec 13, 2023)
Law Firms Mentioned:Crawford Intellectual Property Law LLC
Organizations Mentioned:Family Defined Benefits, LLC
By Kevin M. Finson, J.D.
ASK ME ABOUT RISK TAXES REGULATION INFLATION DEPRECIATION OF THE DOLLAR was not registerable as a mark because it was merely descriptive of the associated goods and services.
The mark ASK ME ABOUT [various financial terms] was merely descriptive of the goods and services, the Trademark Trial and Appeal Board has held. A consumer was not likely to understand it to be a source indicator (In re Family Defined Benefits, LLC, November 27, 2023, Hudis, J.).
Family Defined Benefits, LLC (FDB) sought registration on the Principal Register, for two separate applications of the standard character mark ASK ME ABOUT RISK TAXES REGULATION INFLATION DEPRECIATION OF THE DOLLAR for use with a collection of services including annuity, insurance, and business training consultancy services in International Classes 36 and 41, and for downloadable webinars in International Class 9. The Examining Attorney refused registration on the grounds of both failure to function as a mark and that the proposed marks were merely descriptive. FDB appealed, and the Trademark Trial and Appeal Board consolidated the applications for the purposes of its opinion.
Descriptiveness. The Examining Attorney presented various pieces of internet evidence showing the use of the phrase “ask me about” to indicate a speaker’s area of expertise. Reviewing the specimens included with the applications, the board held that they fit this format of describing the areas of expertise of FDB and the topics covered by its services and goods. FDB argued that prior marks in the same format had been registered, but the board noted that the majority of these marks were cancelled or abandoned and that those which were active were structurally or topically different and had no bearing on the present applications. The board affirmed the refusal to register.
Because it affirmed the refusal to register on descriptiveness grounds, the board did not reach the question of failure to function as a mark.
The case is Serial Nos. 97248954 and 97248972.
Attorneys: Brie Crawford (Crawford Intellectual Property Law LLC) for Family Defined Benefits, LLC. Jacob Vigil for the USPTO.
Companies: Family Defined Benefits, LLC
Cases: Trademark USPTO