- Intellectual Property
- Business Law
- Personal Law
Trademark application for the Mark DIGITALPREP for dental software rejected for being descriptive.
Whether a term is merely descriptive is determined not in the abstract, but in relation to the goods for which registration is sought, the context in which it is being used on or in connection with the goods, and the possible significance that the term would have to the average purchaser of the goods because of the manner of its use; that a term may have other meanings in different contexts is not controlling. Applicant’s goods are dental software for automatically generating an electronic model of a cutting guide positionable on a patient’s teeth and marking margins on the electronic model of a patient’s teeth. The mark immediately conveys to purchasers, i.e., dentists, that applicant’s software is used in preparing for dental procedures by digitally creating models of patients’ teeth.