CAFC Affirms TTAB Refusals in Two Appeals Brought by Pro Se Trademark Applicant

"The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed two decisions of the Trademark Trial and Appeal Board (TTAB) rejecting trademark applications in Case No. 24-2181 and Case No. 24-2183 filed by pro se applicant Nagarajan Duraisamy. In both cases, the Board affirmed the examining attorney's refusals, concluding that the applications did not comply with U.S. Patent and Trademark Office (USPTO) requirements for identifying goods and services, fee payment, entity designation and mark description."

"Duraisamy applied to register a mark for use in connection with a broad range of goods and services, including virtual and real space design, consumer appliances, security systems, transportation, medical and health services, education, hospitality, and defense technologies. He designated only International Class 42 and paid fees for a single class. However, the Board determined that the scope of his description extended across at least 11 different classes."

The U.S. Court of Appeals for the Federal Circuit affirmed two TTAB decisions rejecting pro se applicant Nagarajan Duraisamy’s trademark applications in Case Nos. 24-2181 and 24-2183. The examining attorney refused registration because the identifications of goods and services were indefinite and spanned multiple classes while fees were paid for only International Class 42. A nonfinal Office action sought specific identifications and additional class fees; Duraisamy indicated Classes 9, 35, 41, and 42 but did not submit required fees. The Board found noncompliance with Trademark Rule 2.32(a)(6) and deficiencies in entity designation and mark description, and the CAFC held the Board acted within its authority.

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