Decisions · 85504151
In re Meridian Rack & Pinion DBA buyautoparts.com
85504151 · Decided 2015-04-21
What happened
Genericness refusal affirmed for BUYAUTOPARTS.COM for on-line retail store services featuring auto parts. Applied H. Marvin Ginn two-step test. (1) Genus: on-line retail store services featuring auto parts, i.e. selling car or auto parts online. (2) Public understanding: Board found BUYAUTOPARTS.COM generic as a whole. ‘Buy’ directly related to ‘selling’ — central focus of any retail sales service is facilitating transaction where seller sells and buyer buys. More than one term can be generic (1800Mattress.com). Extensive third-party evidence: competitors use ‘Buy Auto Parts Online’ generically. Applicant’s own website uses ‘Buy Auto Parts’ to refer to desired transaction. Applicant conceded ‘BuyAutoParts’ may be generic but argued .com changes impression — rejected: .com is widely understood as e-commerce indicator and typically does not save generic term (1800Mattress.com, Hotels.com, Reed Elsevier, Advertise.com). Originally filed for Principal Register; amended to Supplemental Register during prosecution.
Related decisions
In re Aloe Bioscience, LLC
Genericness refusal REVERSED for ALOE BIOSCIENCE for aloe-containing dietary supplements, dermatologicals, pharmaceuticals, mouth/teeth preparations, and cosmeceuticals. Two-step H. Marvin…
85531266 · 2015-05-13
In re Keep A Breast Foundation
Three of four refusal grounds affirmed for 3D breast/torso cast trade dress for breast cancer awareness services. (1) All specimens failed — original showed mark but no services; first…
85316199 · 2017-08-17
In re Nieves & Nieves LLC
Both Section 2(a) and Section 2(c) refusals affirmed for ROYAL KATE for fashion/luxury goods. Board applied four-part Section 2(a) false suggestion test and found all prongs satisfied…
85179263 · 2015-01-30
In re Datapipe, Inc.
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…
85173828 · 2014-07-07
The original record
Read the opinion and every filing on the Board's own docket. The summary above is our paraphrase, not a quotation from the opinion. The opinion is the authority.
Who checked this
Not yet reviewed by an attorney. This summary is generated from coded data, and it says so until a lawyer has read it.
Provenance — Written from the opinion; research-significance tier confirmed.
General information about how trademark law works. It is not legal advice about your situation, and reading it does not make anyone your lawyer.