This section contains the nature of the case and procedural background.

P is the domain registry operator for the .SUCKS generic top-level domain. P sought registration on the Principal Register of the standard character mark .SUCKS in Class 42 (computer and scientific services) in the mark” and in Class 45 (personal and legal services) for “domain name registration services featuring the generic top-level domain in the mark (gTLD)” as well as “registration of domain names for the identification of users on a global computer network featuring the gTLD in the mark.” The examining attorney refused both applications because each fails to function as a mark.” Ps “submitted evidence did not establish that the mark functions as a source identifier.” P appealed. The Board concluded that the standard character mark .SUCKS “will not be perceived as a source identifier” and instead “will be perceived merely as one of many gTLDs that are used in domain names.” The Board concluded that “the stylized lettering or design element in the mark does not create a separate commercial impression and is not sufficiently distinctive to ‘carry’ the overall mark into registrability.” P appealed.

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