In re DePorter
United States Trademark Trial and Appeal Board
129 U.S.P.Q.2d 1298 (2019)
- Written by Sara Adams, JD
Facts
Grant DePorter (plaintiff) applied to register the proposed trademark “#MAGICNUMBER108” so he could use the mark on apparel. Registration of the proposed mark was refused on the ground that it did not meet the requirements of a trademark. The examining attorney at the United States Patent and Trademark Office (defendant) found that the general public would perceive the proposed mark as informational and not as a trademark. The examining attorney provided evidence that the proposed mark was commonly used to refer to the Chicago Cubs’ participation in the 2016 World Series because the Cubs won for the first time in 108 years. The examining attorney submitted numerous social media posts and news stories using the proposed trademark, including some about DePorter because he was the first person associated with #MAGICNUMBER108. The uses submitted by the examining attorney, including those that referenced DePorter, did not relate to any goods sold by DePorter that bore the proposed trademark. DePorter appealed the refusal to register the proposed mark, arguing that the proposed mark qualified as a trademark because it was not commonly used.
Rule of Law
Issue
Holding and Reasoning (Kuczma, J.)
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