Intellectual Property Law

New Matter Fall 2021, Volume 46, Edition 3


Jane Shay Wald

Irell & Manella LLP

If We Can’t See Through Your Panties Or Your Shoes Or Your Brassieres Why Pick "Clear," A Mark Suggesting That Your Clothes Are Frail Veneers Your Restriction To Exclude The Very Feature You Extol Won’t Resolve A Good Rejection For An Instep, Strap Or Sole

The Board affirmed the Examining Attorney’s refusal to register Applicant’s proposed mark CLEAR for footwear, lingerie, and other items "excluding transparent goods," because the mark was deceptively misdescriptive of the goods claimed. Applicant argued that CLEAR was "completely arbitrary, and that no consumer could be fooled into thinking Applicant’s footwear is transparent because the consumer must see the goods when purchasing them and will see that they are not transparent."

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