In the initial refusal I received because the mark is merely descriptive, there is a clause stating:
Applicant must explain whether "my mark here" or either of the composite terms has any meaning or significance in the industry in which the services are manufactured/provided, or if such wording is a “term of art” within applicant’s industry.
Would it help me if I show evidence that the mark is used as a "slang" in the industry to describe something completely different from my product/service? Or would it actually hurt my chances of approval?
I don't want to mention specifics on the board, but here is an analogy.
Let's say I'm trying to register a service mark for a forum with a name "ironing board" geared towards a community of people who like to iron things
On its own, the phrase "ironing board" would be considered merely a description of the forum's function and target audience. But in the industry, it's actually a play on words: ironing board being the bulletin board for people who like to iron clothing while being a description of a physical item such people often use.
Does such argument have a merit? Is it worth perusing such angle? Or will the examining attorney likely reject it?
