LAIPLALAIPLA
LAIPLALAIPLA
  • About
    • About LAIPLA
    • Ambassador Outreach Program
    • Board of Directors
    • Committees
    • Administration
    • Member Firms and Companies
    • Past Presidents
    • Recent Past Presidents
    • Public Service Award
    • Diversity Fellowship
    • Bylaws
  • Events
  • Membership
  • Sponsorship
  • Contact
  • About
    • About LAIPLA
    • Ambassador Outreach Program
    • Board of Directors
    • Committees
    • Administration
    • Member Firms and Companies
    • Past Presidents
    • Recent Past Presidents
    • Public Service Award
    • Diversity Fellowship
    • Bylaws
  • Events
  • Membership
  • Sponsorship
  • Contact

TTAB Affirms Section 2(e)(2) Geographical Descriptiveness Refusal of “SE VENDE FOR SALE AMERICA” for Marketing Consulting

October 31, 2019November 5, 2019| in The TTABlog| by John L. Welch
The Board affirmed a refusal to register the mark SE VENDE FOR SALE AMERICA for “marketing consulting” [AMERICA disclaimed], finding the mark to be primarily geographically descriptive of the goods under Section 2(e)(2). Applicant Camarena-Vazquez argued that the mark is not geographically descriptive because SE VENDE and FOR SALE are suggestive, not descriptive, of his services. Applicant himself does not sell goods or services. These terms “suggest an end-result (i.e., consulting for others so that they may sell their goods and services).” The Board didn’t buy it. In re Guillermo Camarena-Vazquez, Serial No. 87734668 (October 21, 2019) [not precedential] (Opinion by Judge Cheryl S. Goodman).

A term is primarily geographically descriptive under Section 2(e)(2) when (1) the primary significance of the term is a place generally known to the public, (2) the public would make an association between the identified goods or services and the place named in the mark, that is, believe that the goods of services for which the mark is sought to be registered originate in that place, and (3) the source of the goods or services is the geographic region named in the mark.

If there is no question that the geographic significance of the term is its primary significance and the place is neither obscure nor remote, a public association of the goods or services with the place may be presumed if, in fact, the goods or services originate from the geographic place named in the mark.

The addition of highly descriptive matter to a geographically descriptive term does not detract from  the primarily geographically descriptive significance of the mark as a whole.

The Board first found that AMERICA is the name of a place known generally to the American public that is neither obscure nor remote. The primary significance of “America” is a geographic location. Applicant conceded the descriptiveness of “America” by disclaiming the word.

The combination of the highly descriptive term SE VENDE FOR SALE with the geographic term AMERICA does not detract from the primary geographic significance of the composite mark.

Applicant’s address is in Las Vegas, Nevada. Therefore the Board presumes that the public would make an associate between applicant’s services and the place named in the mark: that is, they would believe that the services originate in America.

And so the Board affirmed the refusal to register.

In his brief, applicant requested that he be allowed to amend his application to seek registration on the Supplemental Register if the Board upheld the Section 2(e)(2) refusal. Too late, said the Board. The Board has no power to re-open an application to propose such an amendment. See Rule 2.142(b) (An application which has been considered and decided on appeal will not be reopened except for the entry of a disclaimer … or upon order of the Director”).

Read comments and post your comment here.

TTABlog comment:  Is this a WYHA?

Text Copyright John L. Welch 2019.

IP Blog Categories

  • Announcements
  • Events
  • LAIPLA News
  • The TTABlog
  • Uncategorized
  • Wegner's Top 10
  • Wegner's Writings

Archives

Previous

District Court Dismisses Section 18 Counterclaim for “Cancellation by Restriction”

Next

TTAB Denies Cancellation Petition Because Petitioner Failed to Prove Standing


Since 1934, LAIPLA has been educating and connecting members of the local intellectual property legal community

Pages

About 
Events
Membership
Sponsorship
Contact
Privacy Policy

Search
Contact

LAIPLA
1621 W 25th Street
Box 633
San Pedro, CA 90732
Phone: (323) 285-1654
Fax: ( 310) 878-0517
Email: office@laipla.net

© 2025 Los Angeles Intellectual Property Law Association. All Rights Reserved | Website design by SafeHouse Web.