This trademark application, filed on September 25th by House Rules, LLC, is for "automatic game ball washers; game balls; table tennis balls; portable automatic game ball washers [and] [o]n-line retails store services featuring automatic game ball washers, table tennis balls, portable automatic game ball washers, and game balls."
If House Rules, LLC is successful in obtaining this trademark registration, it will have the exclusive, nationwide right to use THE CLEAN CUP as it relates to the listed services.
Is there a descriptiveness issue under 2(e)(1) of the Trademark Act though? Under that provision of the Act, a trademark that "merely describes" the goods or services listed on the application cannot be registered on the Principal Register. As mentioned in previous posts, the Trademark Office considers a mark "merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services." TMEP 1209.01(b).
Does THE CLEAN CUP describe an automatic game ball washer? In other words, a cup that cleans game balls? I could see it. If House Rules, LLC gets an Office Action citing Section 2(e)(1), it'll need a strong rebuttal shot to win this registration.
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