The Board affirmed a requirement that Applicant Northeastern University amend its identification of goods for the mark NORTHEASTERN by specifying the material composition of its "clips for electric charging cables" to allow proper classification. The Examining Attorney maintained that the clips fall in Class 6 if they are metal, and International Class 20 if they are non-metal. Northeastern insisted that they fall in Class 9 with the rest of the goods in its application ("Cases for mobile phones; refrigerator magnets; battery packs; mouse pads' computer mouse' blank USB flash drives; sleeves for laptops). In re Northeastern University, Serial No. 87487674 (March 2, 2018) [not precedential] (Opinion by Judge Cindy B. Greenbaum).
Northeastern argued that the purpose of the clips controls their classification, and material composition s a secondary consideration to be used if the goods cannot be classified by function or purpose. It further contended that the singular purpose of its clips constitutes a special use or attribute justifying classification. The Board was unmoved.
The Board agreed with Examining Attorney Steven M. Perez that "[n]othing in the identification of goods indicates that Applicant's cable clips function differently than other cable clips, or that they are specially adapted for 'for electric charging cables.'"
The Board affirmed the refusal to register solely as to the "clips for electric charging cables."
TTABlog comment: Why not just go along with the Examining Attorney? Did the University want to avoid paying an extra class fee?
By applicant's logic, clips for potato chip bags would be in Class 30.
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