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Bottom line: The Board found that “ROPE GRIPPER” is not descriptive for emergency rope brake for stopping an elevator during an uncontrolled fall and is not misdescriptive of its quality.

The applicant filed an international trademark application for “ROPE GRIPPER” designating emergency rope brake for stopping an elevator during an uncontrolled fall in Class 7.

The examiner refused the application on the ground as follows:
“ROPE GRIPPER” means “a tool for gripping a rope” in view of the designated goods.  So, “ROPE GRIPPER” merely indicates the quality, function and feature of the designated goods when used for such tool.  The mark is likely to be misdescriptive of goods when used for the other goods.

The Board observed the applied-for mark and found as follows:
- The designated goods are commonly called “clamp brakes” or “clamp-type disc brakes” and are elevator parts.
- Even if the applied-for mark may suggest the connotation “a tool for gripping a rope” to consumers and traders, it does not indicate the quality and function of goods directly and specifically.
- No proof was found that “ROPE GRIPPER” is commonly used as a direct and specific indication of the quality of goods.
- The mark is fully capable of functioning as a source identifier and is not likely to be misdescriptive.

And so the Board reversed the refusal, and the application for “ROPE GRIPPER” was granted for registration.