In a six-page decision, the Board affirmed a Section 2(e)(1) refusal to register the mark LYNKD, finding it merely descriptive of electronic monitoring and safety devices controllable by mobile phone, and related software. Applicant's own website stated that "using your smartphone . . . you can LYNK anything!" In re RPH Engineering, LLC, Serial No. 87166080 (August 9, 2018) [not precedential] (Opinion by Judge Susan J. Hightower).
Examining Attorney Jeffrey S. DeFord relied on a dictionary definition of "linked" (Connected, especially by or as if by links) and on printouts from applicant's website. Applicant did not dispute that its goods are "linked," the phonetic equivalent of LYNKD, but argued that this is not a significant feature; rather it is "merely an expected feature of technology device[s] in the age of the Internet of things." The Board was not impressed.
That a word describing a feature of applicant's goods may also describe other goods does not make the word less descriptive. Furthermore, a term may be descriptive even if it does not describe the full scope and extent of the goods; it need describe only a single future or attribute.
Finally, applicant feebly contended that "LYNKD is a very broad term which could include many categories of goods." The Board pointed out once again that mere descriptiveness is not a guessing game; one must consider the mark in the context of the identified goods, not in the abstract.
The Board found that LYNKD immediately conveys information about the features and functions of applicant's goods. Therefore the Board affirmed the refusal.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.