UNITED STATES: TTAB Affirms Registration Refusal Based on Mere Descriptiveness

On appeal before the Trademark Trial and Appeal Board (TTAB), Nursecon, LLC (Nursecon) challenged the decision of the United States Patent and Trademark Office (USPTO), where the USPTO refused registration of the NURSECON mark on the grounds of descriptiveness.

Nursecon sought to register the NURSECON mark in connection with arranging and conducting special events for social entertainment purposes. Nursecon made two arguments following the refusal: (1) the USPTO overstepped its bounds of authority by canceling an issued registration; and (2) the NURSECON mark was not merely descriptive. The TTAB disagreed with both arguments and affirmed the USPTO’s refusal. In re Nursecon, LLC, Serial No. 88052194 (TTAB Dec. 26, 2024).

“The USPTO has a duty to issue valid registrations by ensuring applications are examined for compliance with the requirements of the Trademark Act and USPTO rules” and has “inherent authority to correct its errors, including by taking action to withdraw a registration from issuance or to cancel an issued registration.”

Technical limitations meant Nursecon’s application was forwarded for registration despite the USPTO’s later descriptiveness refusal. The examining attorney canceled the erroneously issued registration thereafter. The TTAB determined that the examining attorney exercised inherent authority in correcting its error, justifying the cancellation of the registration of NURSECON despite the timing of its cancellation.

In its analysis of the registration refusal, the TTAB highlighted that among other factors, a term is descriptive if it “conveys an immediate idea of an ingredient, quality, characteristic, feature, function, [or] purpose of the goods or services.”

The TTAB found that consumers would instantly recognize the term “NURSE” by its very literal meaning—a person who cares for the sick. Evaluating this alongside Nursecon’s services, the TTAB found that nurses were the mark’s intended consumer based on a review of Nursecon’s promotional materials. These materials contained photographs of nurses along with invitations to virtual happy hours for nurses. The TTAB then assessed the term “CON,” finding that it is the short form of the words “conference” and “convention.” The definition of both include “special events for social entertainment purposes.” Nursecon’s own website displayed photos of said conferences. Moreover, the TTAB highlighted that the combination of two descriptive terms does not transform them into a nondescriptive one. Here, the combination of “NURSE” and “CON” conveyed the exact premise of the services Nursecon intended to provide. Therefore, it affirmed the refusal.

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