Booking.com Sues Patent Office over Withdrawal of Trademark
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Booking.com has filed a lawsuit against the U.S. Patent and Trademark Office over its decision to withdraw the online booking service’s trademark, Skift reported.
About five weeks after publishing Booking.com’s trademark in 2012, the patent office decided to withdraw the trademark because the term was supposedly too generic, according to Skift.
The booking service appealed that decision with the Trademark Trial and Appeal Board in 2014, Skift said.
On Feb. 18, the appeals board upheld the patent office’s decision, stating that “BOOKING.COM is merely descriptive and Plaintiff had failed to prove the mark had acquired secondary meaning,” Skift said.
Since the booking service filed the application for trademark as a “travel agency service,” its lawsuit states “there is no evidence in the entire history of Booking.com’s use of its trademark that any consumers or users of travel agency services refer to such sites as ‘Booking.com’s.'”
A Booking.com-commissioned survey found that 75 percent of its users “recognize BOOKING.COM as a trademark, not a common name,” the suit states.
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