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Bottom line: The Board found “CHECKER / its transliteration in katakana” not descriptive nor misdescriptive for catheters.

The applicant sought registration of “CHECKER / its transliteration in katakana” designating medical apparatus and instruments [except walking aids, crutches].

<Applied-for mark>

The examiner recognized as follows and refused the application:

-　Both “CHECKER” and “its transliteration in katakana” mean a person who checks something or a device to check something.
-　Both “CHECKER” and “its transliteration in katakana” are commonly used on the Internet and in the newspaper articles to refer to a checking device, such as a health index checker, a urine glucose checker, a body fat checker, etc.
-　Thus, Both “CHECKER” and “its transliteration in katakana” are descriptive when they are used for such checking devices.  And they are misdescriptive when used for other medical apparatus and instruments.

The applicant filed an appeal and limited the goods to catheters during the appeal.  As the result of the limitation, the Board recognized that neither “CHECKER” nor “its transliteration in katakana” are descriptive or misdescriptive for the designated goods and the applied-for mark is capable of being a source identifier.

And so the Board reversed the refusal.