United States Federal Circuit

The Trademark Trial and Appeal Board's refusal to register the word marks MONTANA SERIES and PHILADELPHIA CARD because Section 2(e)(1) of the Lanham Act precludes registration of marks that are "merely descriptive," is affirmed where the two marks in issue are descriptive of a feature or characteristic of the services.

Appellate Information

• Decided 08/15/2003
• Published 08/15/2003

Judges

• MICHEL, Circuit Judge., Before MAYER, Chief Judge, MICHEL, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael A. Grow, Arent, Fox Kintner Plotkin & Kahn, PLLC, of Washington, DC, argued for appellant.   With him on the brief was Evan S. Stolove.


• For Appellees:
  
• Linda Moncys-Isacson, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for appellee.   With her on the brief were John M. Whealan, Solicitor;  and Thomas Krause, Associate Solicitor.   Of counsel was Nancy C. Slutter, Associate Solicitor.