The Eyecare Foundation, Inc. filed a trademark application to register THE EYECARE FOUNDATION in connection with the following services:

charitable services, namely, charitable fundraising and providing grants to physicians for research on eye diseases in International Class 36; and
providing medical information to people with eye diseases and their families about their diseases and possible treatment options via the Internet; providing a charity-based, Internet database of patient medical information in the field of eye diseases where pat[i]ents can inquire about medical issues and procedures from other patients and can relay information about their medical experience for support and community in International Class 44.

Not surprisingly, the Examining Attorney refused registration on the ground that THE EYECARE FOUNDATION is merely descriptive of The Eyecare Foundation, Inc.’s services.  The Eyecare Foundation, Inc. took issue with the Examining Attorney’s refusal and appealed to the Trademark Trial and Appeal Board.

On March 10, 2011, the Trademark Trial and Appeal Board issued a ruling affirming the refusal, In re The Eyecare Foundation, Inc., Serial No. 76701339.  On appeal, The Eyecare Foundation, Inc. put forth a convoluted argument as to why the trademark should not be considered merely descriptive.  The Trademark Trial and Appeal Board promptly rejected the argument and affirmed the refusal.  A copy of the decision is available here.

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