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Decisions · 85831682

PrecedentialNotableNot checked

In re Adlon Brand GmbH & Co. KG

Serial No. 85831682 · Decided 2016-11-23 · Other

What happened

Refusal affirmed — the Board held ADLON for alcoholic beverages and hotel, entertainment and spa services is primarily merely a surname, finding that even a rare surname is unregistrable where the record shows no other recognized meaning, over a dissent arguing the extreme rarity of the surname meant consumers would see it as a coined term.

The marks

Applicant

ADLON (standard characters)

Alcoholic beverages, except beers, in particular wine, sparkling wine, champagne, vodka, rum, brandy, liqueurs (Class 33); Entertainment of guests, namely, night club services; casinos; entertainment services, namely, providing leisure interest facilities in the nature of swimming pools and fitness gyms; personal trainer services; entertainment services, namely, planning, arranging and conducting exhibitions, training sessions, seminars, congresses and conferences in the field of fashion shows and fashion events; publication of specialist periodicals, magazines, catalogues and books, in particular in the field of beverages, foodstuffs and catering; publication of specialist periodicals, magazines, catalogues and books, in particular in the field of beverages, foodstuffs and catering, or exclusive hotels; party planning services (Class 41); Bar services; hospitality industry services, namely, provision of temporary housing accommodation, food and beverages; operation of bars; operation of restaurants, cafeterias and self-service restaurants, catering; hotel reservations for third parties; consulting services in the field of hospitality (Class 43); Hygienic and beauty care, namely, beauty salon, hair salon, medical spa services, namely, minimally and non-invasive cosmetic and body fitness therapies, health spa services for health and wellness of the body and spirit, namely, providing massage, facial and body treatment services, cosmetic body care services, weight loss programs; consulting services in the field of health; provision of sauna facilities; provision of solariums; massage services (Class 44)

Why this decision is significant

Precedential Section 2(e)(4) decision holding surname rarity is not dispositive — ADLON, borne by roughly 75 people in the U.S., was still primarily merely a surname given media references to persons named Adlon and the absence of other meaning. The Quinn dissent on rareness makes it a key citation on both sides of rare-surname disputes.

Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.

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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.

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Who checked this

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Provenance — Written from the opinion; research-significance tier confirmed.

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