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No. 121; Section 3-1-3, 4-1-16: descriptiveness/misdescriptiveness refusal;
KIDS TABLET in katakana for electronic machines and apparatus, etc.;
Appeal No. 2014-4055(November 19, 2014)

Bottom line: The Board found KIDS TABLET in katakana is descriptive for tablet computers for children and misdescriptive for other goods designated in the application.

The applicant sought registration of a word mark in katakana that is transliteration of KIDS TABLET designating game programs for arcade video game machines; electronic machines, apparatus and their parts; consumer video game programs, etc. in Class 9.

The examiner refused to register the mark because the applied-for mark is easily understood to refer to “tablet computer for children” and such products are indeed distributed in the market.  Therefore, the mark is descriptive for tablet computers for children and misdescriptive for other goods.

The Board noted that the word KIDS in katakana is commonly known to refer to children and also commonly used to mean “for children”, such as “kids video” or “kids shoes”.  The word TABLET is used to refer to tablet computer in connection with electronic machines and apparatus.  Accordingly, the applied-for mark as a whole merely means tablet computer for children.

And so the Board affirmed the examiner’s refusal.

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