In re Kahan & Weisz Jewelry Mfg. Corp.

BALDWIN, Judge.

• This appeal is from the decision of the Trademark Trial and Appeal Board1 affirming the examiner’s refusal to register the mark DUCHARME2 as a trademark for watches on the Principar Register. We reverse.

The examiner refused registration under the Lanham Act, section 2(e)(3) (15 U.S.C. § 1052(e)(3)) on the ground that DUCHARME is primarily merely a surname. The board affirmed the refusal to register while adding, “[mjoreover, ‘DUCHARME’ is admittedly a surname *832and while it may well be, as applicant in substance contends, a rare surname, Section 2(e)(3) of the Statute makes no…