The Board noted that a term that was once distinctive, may become generic. In response, the Board noted that rapid innovation in relation to online video streaming, interactive television and video-on-demand has led to quick adoption of terms, like cloud, by consumers. The applicant also argued that the PTO has permitted numerous similar marks for computer software and related services to register. In fact, the evidence showed the applicant repeatedly used the term “cloud” to describe its own goods and services. The Board disagreed with the applicant’s attempts to demonstrate that “cloud” is an ambiguous term when considered in conjunction with its goods and services. On appeal, the Trademark and Trial Appeal Board (“Board”) confirmed the Examining Attorney’s refusal. The Patent and Trademark Office (“PTO”) Examining Attorney refused registration on the ground that the term is generic and, alternatively, that the mark is merely descriptive and has not acquired distinctiveness. “CloudTV” is Held to Be Generic and Fully Available for UseĪctiveVideo Networks sought to register CLOUDTV for interactive, television content-based services offered by cable and satellite television providers to television customers.
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