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   Author  Topic: Dykes on Bikes  (Read 2978 times)
george
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Dykes on Bikes
« on: Dec 12th, 2005, 7:56am »
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USPTO reverses finding that the trademark is disparaging.  Any thought that it may be descriptive.
 
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JimIvey
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Re: Dykes on Bikes
« Reply #1 on: Dec 12th, 2005, 8:47am »
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Yeah, it's descriptive.  I don't think that's fatal, though.  What could be more descriptive that "Windows" or "Coca Cola" (for a cola beverage made from coca leaves)?
 
I once came across an opinion re the McDonald's mark, "two all beef patties special sauce lettuce cheese pickles onions on a sesame seed bun" from an ad campaign for the BigMac so catchy that I still remember it.  The bottom line was that the court kinda liked it, so it's not descriptive.  With sufficient cleverness and humor, descriptive appears to be okay -- it's not merely descriptive.
 
In the case of "Dykes on Bikes", I kinda like it.  It's got the rhyme and just a hint of self-disparagement to be tongue-in-cheek.  Has it got enough "extra" to not be merely descriptive?  I don't know.  This is one that I could see going either way.
 
In the cited article, Dykes on Bikes has been in use for 30 years -- not a bad case for "secondary meaning" too.
 
Regards.
« Last Edit: Dec 12th, 2005, 8:48am by JimIvey » IP Logged

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Isaac
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Re: Dykes on Bikes
« Reply #2 on: Dec 12th, 2005, 1:20pm »
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I think "merely descriptive" means descriptive terms that have not attained the secondary meaning that gives them their distinguishing power.  
 
I don't believe that terms that have innate distinguishing power (e.g. suggestive or fanciful marks) are conventionally refered to as "not merely descriptive".
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Isaac
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