‘Smart Series' Descriptive for Automated Goods

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By Anandashankar Mazumdar

Sept. 25 — The term “smart series” as used by a safe company is descriptive for a series of safes with features enabled by automation and microprocessors, the Trademark Trial and Appeal Board ruled Sept. 24.

The board affirmed a trademark examiner's refusal of an application to register “Smart Series” as a trademark for safes by Cannon Safe Inc. of Las Vegas.

The board agreed with examiner Susan Leslie DuBois's ruling that “smart” was “merely descriptive when used on or in connection with devices that employ automated technology, i.e., microcomputers or microprocessors, and the term ‘series' conveys the idea that the products bearing the mark belong to a line of goods; therefore the mark describes a line of safes sold by Applicant utilizing computer technology.”

The board's opinion was issued by Administrative Trademark Judge Frances Wolfson and joined by Judges Lorelei Ritchie and Anthony R. Masiello.

Cannon Safe was represented by Knobbe Martens Olson & Bear LLP, Irvine, Calif.

To contact the reporter on this story: Anandashankar Mazumdar in Washington at amazumdar@bna.com

To contact the editor responsible for this story: Mike Wilczek in Washington at mwilczek@bna.com

Text is available at: http://src.bna.com/nx.