In re Datapipe, Inc.

85173828 · Decided 2014-07-07

What happened

Section 2(e)(1) mere descriptiveness refusal affirmed for YOUR CLOUD (standard characters) for cloud computing and data storage services. Board analyzed each component: ‘Cloud’ is common descriptive name for remote computing/storage network per online technology dictionaries; ‘Your’ is possessive pronoun functioning as personalization device pointing to customer’s customized cloud. Combined term does not evoke new and unique commercial impression — each word retains merely descriptive significance. Applicant’s own website demonstrated descriptive use. Board rejected third-party registration arguments: many cited ‘Your + noun’ marks had design elements, involved non-analogous goods lacking immediate descriptiveness, or were cancelled/expired. Board distinguished applicant’s own THIS IS YOUR CLOUD and YOUR CLOUD MANAGED registrations as slogans treated differently from two-word descriptors. Board denied request to add new evidence (internal examination guide) on appeal.