Section 2(e)(1) of the Trademark Act prohibits the registration of a mark which, when used on or in connection with an applicant's goods or services, is merely descriptive of them. “A term is merely descriptive if it immediately conveys knowledge of a quality, feature, function, or characteristic of the goods or services with which it is used.” In re Chamber of Commerce of the U.S., 675 F.3d 1297, 1300 (Fed. Cir. 2012) (quoting In re Bayer AG, 488 F.3d 960, 963 (Fed. Cir. 2007)); see also In re Gyulay, 820 F.2d 1216, 1217 (Fed. Cir. 1987). 

A term that describes the source or provider of goods or services also may be merely descriptive of those goods or services. See In re Major League Umpires, No. 75154506, 2001 TTAB LEXIS 515 at *5 (MAJOR LEAGUE UMPIRE as merely descriptive of provider of clothing and baseball gear); In re Omaha Nat'l Bank Corp., 819 F.2d 1117, 1119 (Fed. Cir. 1987) (rejecting argument that descriptiveness should be limited to a quality or characteristic of the good or service itself and holding that it includes a designation descriptive of the service provider). 

Descriptiveness is determined by looking at the mark in its entirety, as well as the descriptive significance of the individual terms separately. See DuoProSS Meditech Corp. v. Inviro Medical Devices Ltd., 695 F.3d 1247, 1252 (Fed. Cir. 2012). When multiple merely descriptive terms are combined, the determination of whether the composite mark also has a merely descriptive significance turns on whether the combination of terms evokes a new and unique commercial impression requiring “mature thought” or “multi-stage reasoning” or the combined terms result in a composite that is itself merely descriptive. See In re Tennis in the Round Inc., 1978 TTAB LEXIS 44, at *4.

For MUSEUM OF NAMES for "entertainment and educational services, namely, the presentation of seminars, workshops and panel discussions, and ongoing television and radio shows all in the field of names," the TTAB reversed a merely descriptiveness refusal. In re Taymitch & Associates, Ser. No. 99033907 (TTAB July 27, 2026). 

Applicant's recited services are not identified as museum services, virtual museum services, museum-based educational or entertainment programming, or retail gift shop services provided in or by a museum. The record also contains no evidence that Applicant's identified services involve the study or display of collections, otherwise constitute a museum-like institution, or are virtual museum services.

Having found that there was no evidence in the record that Applicant's MUSEUM OF NAMES was "a museum of names (or, more generally, a museum)"; the TTAB reversed the refusal.  

The TTABlog noted that, so far this year, the Board has affirmed all eleven Section 2(e)(1) mere descriptiveness refusals that have been appealed . . . until this case.