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Decisions · 86651083

PrecedentialLandmarkNo later change on its docket

In re Olin Corporation

Serial No. 86651083 · Decided 2017-09-22 · Other

What happened

The Board upheld the refusal to register OLIN for industrial chemicals, finding that OLIN is primarily merely a surname and that the applicant did not provide sufficient evidence that the mark had acquired distinctiveness with the public through its use on other goods.

The marks

Applicant

OLIN

"Chlorine; hydrochloric acid; potassium hydroxide; sodium hydroxide; sodium hypochlorite; hydrogen; sodium chloride; sulfuric acid; ethylene dichloride; vinyl chloride monomer; acetone; cumene; phenol; allyl chloride; epichlorohydrin; bisphenol A; unprocessed synthetic novolac resins; unprocessed epoxy resins, including unprocessed liquid epoxy resins and unprocessed advanced epoxy resins; unprocessed epoxy novolac resins; amine-based hardeners, namely, chemical additives for resins; polyphenolic-based hardeners, namely, chemical additives for resins; chlorinated hydrocarbons; chemical products, namely chemicals for industrial purposes; unprocessed synthetic resins; chlorinated organic chemicals for use in industry; chlorinated inorganic chemicals for use in industry, and chemical preparations, namely, chlorinated solvents for industrial and commercial use," in International Class 1; and "Semi-processed synthetic novolac resins; semi-processed epoxy resins including semi-processed liquid epoxy resins and semi-processed advanced epoxy resins; semi-processed epoxy novolac resins; semi-processed synthetic resins," in International Class 17

Why this decision is significant

Precedential decision establishing that, for intent-to-use applications, the goods on which a mark previously acquired distinctiveness must be ‘sufficiently similar or related’ to the applied-for goods under all three Rule 2.41(a) proof methods, and clarifying the substantially-exclusive-use requirement in that context; also generated a separate opinion questioning the majority’s new rule.

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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