Banana Republic Can't Trademark 'BR Monogram'

Law360, New York (May 22, 2013, 6:12 PM EDT) -- Gap Inc.'s Banana Republic has lost a bid to win trademark control over the name of its upscale “BR Monogram” line, which a trademark appeals board ruled was both merely descriptive and deceptively misdescriptive.

The Trademark Trial and Appeal Board earlier this month upheld Examining Attorney Leigh A. Lowry's determination that the mark couldn't be registered without an explicit disclaimer from Banana Republic that it wouldn't assert control over “monogram” alone — something the retailer has refused to do.

“After careful consideration of all of the...
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