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No. 113; Section 3-1-3: descriptiveness refusal;
EasyCurl for curling tongs and hair driers;

Appeal No. 2013-11527 (April 16, 2014)

Bottom line: The Board confirmed the examiner’s refusal that stylized EasyCurl is descriptive for curling tongs and hair driers.

The applicant sought registration of EasyCurl shown below designating electric razors, electric hair clippers, electric hair cutters, electric hair trimmers and curling tongs in Class 8 and hair driers, electric hair steamers and electric hair driers; all for household purposes in Class 11.

<Applied-for mark>

The examiner refused to register the mark on the ground that the mark describes the feature of curling tongs, etc. and therefore is a merely descriptive mark.

The Board noted that the applied-for mark is composed of fairly common English words, easy and curl.  The Board found numerous references regarding curling tongs and hair driers featuring their easy-to-curl function.

The applicant did not file any counterargument against the Board’s finding.

And so the Board confirmed the examiner’s refusal and dismissed the appeal.

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