In re Berman Bros. Harlem Furniture Inc.
Trademark Trial and Appeals Board
26 U.S.P.Q.2d 1514 (1993)
Relevant factsFree
Berman Bros. Harlem Furniture (plaintiff) applied to register "Furniture Makers" as a trademark for its furniture-store services, though it sold furniture made by others rather than manufacturing it itself. The USPTO denied the application as deceptively misdescriptive, and Berman appealed to the Board.
IssueFree
Whether a mark is deceptively misdescriptive if it misdescribes a characteristic of the service offered and that misdescription is likely to deceive consumers about the real nature of the service.