Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA876870 Filing date: 02/12/2018 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 79194077 Applicant S. MALHOTRA & CO. AG Correspondence Alexander Lazouski Address Lazouski IP LLC 14726 Bowfin Terrace, Suite 1 Lakewood Ranch, FL 34202 UNITED STATES Email:
[email protected],
[email protected] Submission Appeal Brief Attachments GAMOS SN 79194077 Appeal.pdf(324330 bytes ) Exhibit A.pdf(1802905 bytes ) Exhibit B.pdf(384875 bytes ) Filer's Name Alexander Lazouski Filer's email
[email protected] Signature /asl/ Date 02/12/2018 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Applicant: S. MALHOTRA & CO. AG Trademak: Serial No. 79194077 APPLICANT’S BRIEF ON APPEAL This is an appeal from a FINAL refusal dated July 11, 2017 to register the mark , Serial No. 79194077 (“Applicant’s Mark” or “ Mark”) arguing that is merely descriptive in regards to “Precious metals and their alloys and goods made of these materials or coated therewith included in this class, namely, jewelry and watches” (“Applicant’s Goods”). The question presented in this appeal is whether Mark is merely descriptive in connection with Applicant’s Goods within the meaning of Trademark Act Section 2(e). As set forth more fully below, Applicant respectfully requests that the Trademark Trial and Appeal Board (the “Board”) reverse the final refusal on the basis that “ ” is not merely descriptive. I. DESCRIPTION OF RECORD 1. On October 20, 2016, Applicant filed an application for the Mark.