EMAIL: info@okeno-ip.jp
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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