TTAB Says DirecTV's 'N3D' Mark Is Kosher

Law360, New York (September 14, 2012, 3:48 PM EDT) -- The U.S. Patent and Trademark Office's Trademark Trial and Appeal Board on Tuesday reversed an examining attorney's refusal to register DirecTV LLC's application for “N3D” marks for broadcasting, transmission and programming services that include content with 3-D visuals.

The TTAB sided with DirecTV's argument that its competitors could still use the term “in 3-D” to describe their services, rejecting examining attorney Michele-Lynn Swain's argument that the N3D term is not simply descriptive of DirecTV's services.

“We are not convinced that consumers are likely to perceive the...
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