Trending: Companies operating generic domains file for trademark registration at the United States Patent & Trademark Office (USPTO.)
Following the green light by SCOTUS on the Booking.com case, numerous such applications have been filed, and we keep track of these attempts to expand on the trademark pool.
The registrants of the domain Wheelchair.com are looking to trademark the exact term with the TLD: WHEELCHAIR.COM.
The applicant is Home Medical supply center inc. DBA 1800wheelchair.com and the mark was applied for the following services:
Arranging of managed care contractual services in the fields of diagnostic imaging, home health care, durable medical equipment, specialty pharmacy, and diagnostic lab services.
The trademark application cites date of first use for the mark on June 6, 1997. The domain Wheelchair.com was registered in 1995.
Wheelchair.com forwards to 1800Wheelchair.com
Nov. 30, 2021
SECTIONS 1, 2, 3, AND 45 REFUSAL — APPLIED-FOR MARK IS GENERIC
Registration was initially refused under Trademark Act Section 2(e)(1) because the applied-for mark is
merely descriptive of applicant’s services. 15 U.S.C. §1052(e)(1). Applicant was also advised that the
mark appears to be generic as well. In response, applicant amended the application to add a claim of
acquired distinctiveness under Section 2(f). 15 U.S.C. §1052(f).
Registration is now refused because the applied-for mark is generic for applicant’s services.
Thanks John. They might need a crutch 🙂