In Re Dr. Matthias Rath

402 F.3d 1207 (2005)

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Nature of the Case

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Facts

P is a German citizen who applied to register the marks for goods and services including, nutritional supplements, books, grains, and educational services. P already owned a German trademark registration for the marks. The examiner refused to register the marks because they were merely surnames. The TTAB affirmed that ruling. They were not registrable on the principal register under section 2(e)(4) of the Lanham Act, absent proof of acquired distinctiveness under section 2(f). P argued that the 'primarily merely a surname' rule conflicts with the United States' obligations under the Paris Convention. The Board held that section 44 of the Lanham Act, which implements the Paris Convention, does not require registration of a mark that is primarily merely a surname. P appealed.