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No. 025; Section 3-1-6: indistinctiveness refusal;
"ENTERPRISE" not inherently distinctive for Class 9 goods;

Appeal No. 2012-23602 (October 24, 2013)

Bottom line: The Board affirmed refusal of "ENTERPRISE" for telecommunication apparatus, computers, computer programs, etc.

The applicant sought registration of ENTERPRISE with respect to cash registers, telecommunications apparatus, computers, computer programs, other electronic apparatus and their parts, phonograph records, downloadable music files.  The application was refused on the ground of inherent indistinctiveness.

The Board recognized that the term ENTERPRISE is synonymous with company or business, and that it is in fact used to refer to business-oriented products in the relevant industry of the designated goods.

The applicant lamely argued that other terms such as BUSINESS, CORPORATE and PROFESSIONAL, are also used to refer to business-oriented products in the industry and thus ENTERPRISE will not be immediately connected to such products.  This argument did not convince the Board in view of the fact that ENTERPRISE is used in that context.

And the Board affirmed the refusal.

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