trademark EV.com: Trademark application at the USPTO

[News]

The mark registration application for EV.COM was filed at the United States Patent and Trademark Office last week.

Meanwhile, the operators of the domain EV.com acquired the domain name EV.fr via Sedo recently, after spending 120,000 euro on it...

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[DomainNature]

What now?
No one will be allowed to use EV in their domains or only those who reg them before trademark?

 

[LucidDomains]

What now?
No one will be allowed to use EV in their domains or only those who reg them before trademark?

The mark is EV.COM not EV.

 

[Keith]

They should by EV handshake domain.

 

[Psychedelic.us]

What now?
No one will be allowed to use EV in their domains or only those who reg them before trademark?

It's EV.COM

 

[Psychedelic.us]

It's EV.COM™

 

[jberryhill]

What now?

Now the application sits there for maybe nine months or so and does nothing. Sometime after that, it gets examined and refused for being a generic acronym for electric vehicles.

Too many people believe too much dumb stuff about trademarks and trademark registration applications. There's just no way to fight back against the things people believe which simply are not true.

DomainGang writes these lazy pieces on trademark application filings, but doesn't do any followup or serious analysis of them.

For $300 anyone can file anything with the USPTO. So there is a regular chain of stupid stuff that gets filed. Most applications like this one simply go off to die without much attention.

 

[jberryhill]

The mark is EV.COM not EV.

This is the second time for someone to file a registration application for ev.com:

https://tsdr.uspto.gov/#caseNumber=77618544&caseType=SERIAL_NO&searchType=statusSearch

Word Mark EV.COM
Goods and Services (ABANDONED) IC 012. US 019 021 023 031 035 044. G & S: Sales and Promotion of Electric Vehicles, namely, Automobiles; Trucks; SUVs; Motorcycles; Scooters; Mopeds; partially or completely propelled by electric current
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77618544
Filing Date November 20, 2008
Current Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) Burridge, Kenneth D DBA EV.com INDIVIDUAL AUSTRALIA 202/100 Bowen TCE New Farm QLD AUSTRALIA 4005
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date September 24, 2009

...and why is it abandoned? Well...

https://tsdr.uspto.gov/documentviewer?caseId=sn77618544&docId=OOA20090227165654#docIndex=8&page=1

SECTION 2(e)(1) REFUSAL – MERELY DESCRIPTIVE

Applicant seeks to register EV.COM for electric vehicles, namely, automobiles, trucks, SUVs, motorcycles, scooters, mopeds, partially or completely propelled by electric current.

Registration is refused because the applied-for mark merely describes the nature of applicant’s goods. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.

A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods and/or services. TMEP §1209.01(b); see In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005); In re Gyulay, 820 F.2d 1216, 1217-18, 3 USPQ2d 1009, 1010 (Fed. Cir. 1987). Moreover, a mark that identifies a group of users to whom an applicant directs its goods and/or services is also merely descriptive. TMEP §1209.03(i); see In re Planalytics, Inc., 70 USPQ2d 1453, 1454 (TTAB 2004).

The acronym “EV” stands for “electric vehicle” (see attached excerpts from www.acronymfinder.com and www.thefreedictionary.com; Google search engine; February 27, 2009). Applicant’s goods are electric vehicles.

The generic top-level domain (TLD) “.com” merely indicates an Internet address for use by commercial, for-profit organizations and, in general, adds no source identifying significance. E.g., In re Oppedahl & Larsen LLP, 373 F.3d 1171, 1175-76, 71 USPQ2d 1370, 1373-74 (Fed. Cir. 2004); In re Martin Container, Inc., 65 USPQ2d 1058, 1060-61 (TTAB 2002); see TMEP §§1209.03(m), 1215.01.

The proposed mark in its entirety is merely descriptive of the goods.

-------------------------

Just because a blogger has a gimmick for generating clicks does not make it "news".

 

[Keith]

The proposed mark in its entirety is merely descriptive of the goods.

Isn’t this merely descriptive, yet awarded?

https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:v22zv8.3.8

 

[jberryhill]

Keith, that link only works for you. TESS links are state-dependent. TSDR links are not.

If you go back to whatever you were looking at on TESS and press the button above the mark labeled "TSDR", you'll get a link to the data which you can share elsewhere.

 

[Keith]

Keith, that link only works for you. TESS links are state-dependent. TSDR links are not.

Ah, bummer. The link was for an awarded mark for “hemp water”. That’s simply descriptive but got through.

 

[jberryhill]

The link was for an awarded mark for “hemp water”.

No, that's not what the mark is, nor is it descriptive of the services for which it is claimed as a mark.

https://tsdr.uspto.gov/#caseNumber=86303199&caseType=SERIAL_NO&searchType=statusSearch

First off, the mark is not "hemp water", it is:

That's why this data is in the record you are looking at:

Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 24.17.17 - Prescription symbol (Rx)

Description of Mark Color is not claimed as a feature of the mark. The mark consists of the combination of the two words "HEMP & WATER" wherein the word "WATER" has the letter "R" stylized with an "X" attached to the bottom forming a prescription symbol.

Moving on from that, the services are:

"Consulting services in the field of bringing together, for the benefit of others, a variety of hemp-based goods enabling consumers to view and purchase the goods."

So, even if the mark was actually just "hemp water", I don't see how it is descriptive of those services.

Are consulting services frequently called "hemp water" by someone?

The word "tide" is generic for what the moon and sun do to the ocean level. The word "tide" is not generic for detergent, for which it is a famous mark.

So, when we talk about whether a mark is "merely descriptive", we mean "merely descriptive of the goods or services for which it is claimed as a mark".

But, finally, I have no idea what "hemp water" might even be. That said, there are a lot of people selling liquid products they call "hemp water", which seem to be prepared in a lot of different ways. So, I doubt that the term "hemp water" has any particular descriptive or generic meaning. But one thing is clear, it is not a registered mark for any of the liquids sold as "hemp water" under various different brands.

...and part of the reason we know that is because a lot of people tried to register it for a liquid product, and the USPTO routinely rejected those attempts, or required registration on the Supplemental Register:

---------
Word Mark HEMPWATER
Goods and Services (ABANDONED) IC 032. US 045 046 048. G & S: Drinking water, Energy drinks, Flavoured waters, Sparkling water
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77282271
Filing Date September 18, 2007
Current Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) Bekiyants, Sergey INDIVIDUAL UNITED STATES 2709 Ave. T Brooklyn NEW YORK 11229
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date May 31, 2008

----------
Word Mark HEMP WATER
Goods and Services (ABANDONED) IC 032. US 045 046 048. G & S: Drinking water; Energy drinks; Flavored waters; Sparkling Water containing hemp seed extract. FIRST USE: 20130301. FIRST USE IN COMMERCE: 20130315
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85928276
Filing Date May 10, 2013
Current Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Lifestyle Investment Group, Inc. CORPORATION NORTH CAROLINA Suite E 7000 Stinson Hartis Rd. Indian Trail NORTH CAROLINA 28079
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date December 11, 2013

-----------
Word Mark HEMPWATER
Goods and Services (ABANDONED) IC 032. US 045 046 048. G & S: Bottled water; Distilled drinking water; Drinking water; Flavored bottled water; Flavored waters; Sparkling water
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 86076311
Filing Date September 27, 2013
Current Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) Angel Fire Hemp Company CORPORATION COLORADO 200 Sawdust Court Evergreen COLORADO 80439
Attorney of Record Michael P. Martin
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date January 13, 2015

--------
Word Mark HEMPWATER
Goods and Services (CANCELLED) IC 032. US 045 046 048. G & S: Bottled drinking water containing hemp; Distilled drinking water containing hemp; Drinking water containing hemp; Drinking water with vitamins containing hemp; Flavored bottled water containing hemp; Flavored waters containing hemp. FIRST USE: 20150400. FIRST USE IN COMMERCE: 20150400
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 86500293
Filing Date January 11, 2015
Current Basis 1A
Original Filing Basis 1B
Date Amended to Current Register December 8, 2015
Registration Number 4899643
Registration Date February 9, 2016
Owner (REGISTRANT) Angel Fire Hemp Company CORPORATION CALIFORNIA 200 Sawdust Court Evergeen COLORADO 80439

(LAST LISTED OWNER) MIR SOLUTIONS GROUP INC. CORPORATION NEW YORK 5902-B DITMAS AVENUE BROOKLYN NEW YORK 11203
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record Michael P. Martin
Type of Mark TRADEMARK
Register SUPPLEMENTAL
Live/Dead Indicator DEAD
Cancellation Date August 19, 2022

So, no, there is no US TM registration for "hemp water" for anything for which that term might be deemed descriptive. In fact, that claim has been refused at least four times by the USPTO.

And why was it refused four times? The answers are all online:

https://tsdr.uspto.gov/documentviewer?caseId=sn86076311&docId=OOA20131023143242#docIndex=5&page=1

SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE

Registration is refused because the applied-for mark merely describes an ingredient and the generic term for applicant’s goods, namely, the clear liquid that falls as rain and is used for drinking that contains extracts from a plant with strong stems for making rope that can also be used to make the drug marijuana. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.

...

Here, the term “HEMP” merely describes an ingredient of the applied-for goods, namely, extracts from a plant with strong stems for making rope that can also be used to make the drug marijuana. Please see the attached definition of “hemp.” The term “WATER” is merely the generic term for the applied-for goods, namely, the clear liquid that falls as rain and is used for drinking. Please see the attached definition of “water” as well as the Identification of Goods of record which lists various types of “water.”

 

[Keith]

No, that's not what the mark is, nor is it descriptive of the services for which it is claimed as a mark.

https://tsdr.uspto.gov/#caseNumber=86303199&caseType=SERIAL_NO&searchType=statusSearch

First off, the mark is not "hemp water", it is:

Show attachment 228958

That's why this data is in the record you are looking at:

Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 24.17.17 - Prescription symbol (Rx)

Description of Mark Color is not claimed as a feature of the mark. The mark consists of the combination of the two words "HEMP & WATER" wherein the word "WATER" has the letter "R" stylized with an "X" attached to the bottom forming a prescription symbol.

Moving on from that, the services are:

"Consulting services in the field of bringing together, for the benefit of others, a variety of hemp-based goods enabling consumers to view and purchase the goods."

So, even if the mark was actually just "hemp water", I don't see how it is descriptive of those services.

Are consulting services frequently called "hemp water" by someone?

The word "tide" is generic for what the moon and sun do to the ocean level. The word "tide" is not generic for detergent, for which it is a famous mark.

So, when we talk about whether a mark is "merely descriptive", we mean "merely descriptive of the goods or services for which it is claimed as a mark".

But, finally, I have no idea what "hemp water" might even be. That said, there are a lot of people selling liquid products they call "hemp water", which seem to be prepared in a lot of different ways. So, I doubt that the term "hemp water" has any particular descriptive or generic meaning. But one thing is clear, it is not a registered mark for any of the liquids sold as "hemp water" under various different brands.

...and part of the reason we know that is because a lot of people tried to register it for a liquid product, and the USPTO routinely rejected those attempts, or required registration on the Supplemental Register:

---------
Word Mark HEMPWATER
Goods and Services (ABANDONED) IC 032. US 045 046 048. G & S: Drinking water, Energy drinks, Flavoured waters, Sparkling water
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77282271
Filing Date September 18, 2007
Current Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) Bekiyants, Sergey INDIVIDUAL UNITED STATES 2709 Ave. T Brooklyn NEW YORK 11229
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date May 31, 2008

----------
Word Mark HEMP WATER
Goods and Services (ABANDONED) IC 032. US 045 046 048. G & S: Drinking water; Energy drinks; Flavored waters; Sparkling Water containing hemp seed extract. FIRST USE: 20130301. FIRST USE IN COMMERCE: 20130315
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85928276
Filing Date May 10, 2013
Current Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Lifestyle Investment Group, Inc. CORPORATION NORTH CAROLINA Suite E 7000 Stinson Hartis Rd. Indian Trail NORTH CAROLINA 28079
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date December 11, 2013

-----------
Word Mark HEMPWATER
Goods and Services (ABANDONED) IC 032. US 045 046 048. G & S: Bottled water; Distilled drinking water; Drinking water; Flavored bottled water; Flavored waters; Sparkling water
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 86076311
Filing Date September 27, 2013
Current Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) Angel Fire Hemp Company CORPORATION COLORADO 200 Sawdust Court Evergreen COLORADO 80439
Attorney of Record Michael P. Martin
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date January 13, 2015

--------
Word Mark HEMPWATER
Goods and Services (CANCELLED) IC 032. US 045 046 048. G & S: Bottled drinking water containing hemp; Distilled drinking water containing hemp; Drinking water containing hemp; Drinking water with vitamins containing hemp; Flavored bottled water containing hemp; Flavored waters containing hemp. FIRST USE: 20150400. FIRST USE IN COMMERCE: 20150400
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 86500293
Filing Date January 11, 2015
Current Basis 1A
Original Filing Basis 1B
Date Amended to Current Register December 8, 2015
Registration Number 4899643
Registration Date February 9, 2016
Owner (REGISTRANT) Angel Fire Hemp Company CORPORATION CALIFORNIA 200 Sawdust Court Evergeen COLORADO 80439

(LAST LISTED OWNER) MIR SOLUTIONS GROUP INC. CORPORATION NEW YORK 5902-B DITMAS AVENUE BROOKLYN NEW YORK 11203
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record Michael P. Martin
Type of Mark TRADEMARK
Register SUPPLEMENTAL
Live/Dead Indicator DEAD
Cancellation Date August 19, 2022

So, no, there is no US TM registration for "hemp water" for anything for which that term might be deemed descriptive. In fact, that claim has been refused at least four times by the USPTO.

And why was it refused four times? The answers are all online:

https://tsdr.uspto.gov/documentviewer?caseId=sn86076311&docId=OOA20131023143242#docIndex=5&page=1

SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE

Registration is refused because the applied-for mark merely describes an ingredient and the generic term for applicant’s goods, namely, the clear liquid that falls as rain and is used for drinking that contains extracts from a plant with strong stems for making rope that can also be used to make the drug marijuana. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.

...

Here, the term “HEMP” merely describes an ingredient of the applied-for goods, namely, extracts from a plant with strong stems for making rope that can also be used to make the drug marijuana. Please see the attached definition of “hemp.” The term “WATER” is merely the generic term for the applied-for goods, namely, the clear liquid that falls as rain and is used for drinking. Please see the attached definition of “water” as well as the Identification of Goods of record which lists various types of “water.”

As always, great analysis!

 

[jberryhill]

Thanks. It's really amazing how the USPTO online filing system attracts people willing to do the same pointless thing over and over.