Bank of America has now received the first Office Action for the Trademark Application “ART IN OUR COMMUNITIES” bearing serial number 85007327.
The Examining Attorney has found the mark applied for to be merely descriptive. A descriptive mark is often issued a Section 2(e)(1) refusal as the applied-for mark merely describes a feature or function of applicant’s services.
As shown by the attached press releases included in the trademark application, the mark is descriptive of the applicant’s services: “The program was created in 2008 to use the Bank of America art collection to the benefit of the communities it serves.”
The USPTO defines a descriptive mark thus; “A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods and/or services. ”
The application has also been refused to be registered on the Supplemental Mark register.
Apart from having announced the expansion plans of Museums on U program, which provides free access to some of the nation’s finest cultural institutions, the Bank of America is in the news for a lawsuit for failing to pay proper overtime wages to a host of bank branch and call center employees.
The complaint also accuses the nation’s biggest bank “of requiring employees to work during unpaid breaks, failing to provide meal and rest breaks, and failing to timely pay terminated employees for earned wages and accrued vacation time,” as noted by Reuters.