Michael J. Golia

This Opinion is Not a
Precedent of the TTAB
Mailed: April 17, 2026
UNITED STATES PATENT AND TRADEMARK OFFICE
_____
Trademark Trial and Appeal Board
_____
In re Michael J. Golia
_____
Serial No. 98516586
_____
David Chen and John Keller, IP Attorneys Group, LLC, for Michael J. Golia.
Kennina Ip, Trademark Examining Attorney, Law Office 121,
Richard White, Managing Attorney.
_____
Before Elgin, Lavache, and O’Connor,
Administrative Trademark Judges.
Opinion by O’Connor, Administrative Trademark Judge:
Applicant Michael J. Golia has appealed the refusal of his application to register,
on the Principal Register, the proposed mark GOLIA in standard characters for goods
ultimately identified as “non-medicated candy confectioneries and non-medicated
candies,” in International Class 30.1
1 Application Serial No. 98516586 was filed on April 24, 2024 pursuant to Section 1(b) of the
Trademark Act, 15 U.S.C. § 1051(b), based upon an allegation of a bona fide intention to use
the mark in commerce.
Citations to the prosecution file are to entries in the USPTO’s Trademark Status & Document
Retrieval (“TSDR”) system in .pdf format. Citations to the appeal record are to TTABVUE,
the Board’s online docketing system.

Serial No. 98516586
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The Trademark Examining Attorney refused registration of Applicant’s proposed
mark pursuant to Section 2(e)(4) of the Trademark Act, 15 U.S.C. § 1052(e)(4), on the
ground that GOLIA is primarily merely a surname. When the refusal was made final,
Applicant filed this appeal and requested reconsideration. The appeal was suspended,
reconsideration was denied, and the appeal was resumed.
The appeal has now been fully briefed and is ready for decision. We affirm the
refusal to register.
I. Primarily Merely a Surname – Applicable Law
Section 2(e)(4) of the Trademark Act precludes registration on the Principal
Register of a mark that is “primarily merely a surname.” 15 U.S.C. § 1052(e)(4).2 “A
mark is primarily merely a surname if the surname ‘is the primary significance of the
mark as a whole to the purchasing public.’” Earnhardt v. Kerry Earnhardt, Inc., 864
F.3d 1374, 1377 (Fed. Cir. 2017) (quoting In re Hutchinson Tech. Inc., 852 F.2d 552,
554 (Fed. Cir. 1988)); see also In re Harris-Intertype Corp., 518 F.2d 629, 631 (CCPA
1975) (the primary significance to the purchasing public is determinative) (citations
omitted); accord In re Six Continents Ltd., No. 88430142, 2022 TTAB LEXIS 35, at
*4-5.
2 A mark consisting of a surname may be registered on the Principal Register if it has
acquired distinctiveness as a source identifier under Section 2(f) of the Trademark Act, 15
U.S.C. § 1052(f). See, e.g., Schlafly v. St. Louis Brewery, LLC, 909 F.3d 420, 425 (Fed. Cir.
2018). However, as is normally the case with Section 1(b) applications, Applicant has not
claimed acquired distinctiveness. See generally TRADEMARK MANUAL OF EXAMINING
PROCEDURE § 1212.09 (Nov. 2025).

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In In re Etablissements Darty et Fils, 759 F.2d 15 (Fed. Cir. 1985), the Federal
Circuit considered several inquiries in determining whether the purchasing public
would perceive a proposed mark as primarily merely a surname, including:
(1) whether the applicant adopted a principal’s name and uses it in a way that reveals
its surname significance; (2) whether the term has a non-surname, ordinary language
meaning; and (3) the extent to which other people have that surname (i.e., its degree
of rarity or commonality). Id. at 17. The Board expanded on those three potential
inquiries in In re Benthin Mgmt. GmbH, No. 74340080, 1995 TTAB LEXIS 10, adding
two more inquiries that can lead to probative evidence: (4) whether the term has the
“structure and pronunciation” or “look and sound” of a surname; and (5) whether the
stylization of lettering is distinctive enough to create a separate commercial
impression. Id. at *5-6.3 “These inquiries are not exclusive, nor are they presented in
order of importance; any of the inquiries—singly or in combination—as well as any
other relevant circumstances, may shape the analysis in a particular case.” Six
Continents, 2022 TTAB LEXIS 35, at *6 (citations omitted).
Whether the primary significance of a proposed mark is merely that of a surname
is a question of fact. See Etablissements Darty, 759 F.2d at 17. There is no rule as to
the kind or amount of evidence necessary to show that relevant consumers will
perceive a term as primarily merely a surname; the question must be resolved on a
3 Because the proposed mark is displayed in standard characters, we need not consider
whether any stylization of the lettering is distinctive enough to create a separate commercial
impression. In re Tapio GmbH, No. 87941532, 2020 TTAB LEXIS 483, at *26 n.28 (stating
that it is unnecessary to consider the fifth Benthin factor when the mark is in standard
characters) (citing In re Yeley, No. 78489186, 2007 TTAB LEXIS 87, at *3).

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case-by-case basis. Tapio, 2020 TTAB LEXIS 483, at *25 (citing Etablissements
Darty, 759 F.2d at 17). We examine the entire record to determine the primary
significance of a term. In re Olin Corp., No. 86651083, 2017 TTAB LEXIS 337, at *9.
If there is any doubt, “we are inclined to resolve doubts in favor of the applicant.”
Benthin, 1995 TTAB LEXIS 10, at *7-8.
II. Analysis
The evidence of record demonstrates that GOLIA is a surname.4 Applicant does
not dispute that GOLIA is a surname, but argues that when the evidence is properly
considered under the applicable factors, the primary significance of GOLIA to the
purchasing public would not be as merely a surname. In particular, Applicant argues
that “the surname GOLIA is exceedingly rare and virtually unknown to the American
public” and points to prior third-party registrations in which the USPTO allegedly
“recognized GOLIA as the Italian translation of GOLIATH, establishing a readily
understood non-surname meaning.”5 The Examining Attorney counters that
Applicant uses the mark as a surname, which is probative evidence of the significance
of the term.6 Further, even if relatively rare, the purchasing public has been exposed
to GOLIA as a surname through media references to individuals with that name and
that GOLIA has no recognized meaning beyond its surname significance, with the
4 See, e.g., April 24, 2024 Application, TSDR 1 (listing Applicant’s name as Michael J. Golia);
November 13, 2024 Non-final Office Action, TSDR 8-12 (Forebears.io entry for the surname
Golia); id. at 43-68 (Lexis+® surname database listing people with the surname Golia).
5 6 TTABVUE 6, 8-15.
6 8 TTABVUE 6-7.

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evidence also showing that GOLIA has the structure and pronunciation of a
surname.7
We consider these arguments in the context of the inquiries outlined above.
A. Whether GOLIA is Rarely Encountered as a Surname
Under this factor, we consider the frequency of, and public exposure to, GOLIA as
a surname in the United States. Tapio, 2020 TTAB LEXIS 483, at *26 (citing Olin,
2017 TTAB LEXIS 337, at *9). The record contains evidence that there are
approximately 600 people in the United States with the surname “Golia”8 and based
on this the Examining Attorney concedes that Golia appears to be a relatively rare
surname.9 Applicant seizes on this, stating “given that the United States has a
national population of over 335 million people, 600 listings establish that only
0.000179% of the population of the United States has the surname GOLIA.”10
Whether Golia is a relatively rare surname does not end the inquiry, however,
because “[e]ven a rare surname may be held primarily merely a surname if its
primary significance to purchasers is that of a surname.” In re Beds & Bars Ltd., No.
85597669, 2017 TTAB LEXIS 141, at *14-15; see also In re Eximius Coffee, LLC, No.
7 8 TTABVUE 4-10.
8 See November 13, 2024 Non-final Office Action, TSDR 3, 43-68 (printout from Lexis+®
database of cell phone and other phone numbers, indicating 642 occurrences, including list
of the first 500 entries, some of which appear to be duplicates); 8-12 (printout from
Forebears.io website states that approximately 3,770 people worldwide bear the surname
Golia with approximately 17% (or 640) of them living in the United States); but see August
25, 2025 Denial of Request for Reconsideration, TSDR 51 (2010 U.S. Census data shows 218
occurrences of the surname Golia).
9 November 13, 2024 Non-final Office Action, TSDR 3; see also 8 TTABVUE 4.
10 6 TTABVUE 8.

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86262060, 2016 TTAB LEXIS 472, at *16-17 (“While the fact that ALDECOA appears
to be a relatively rare surname weighs in Applicant’s favor, it does not end the
inquiry. Section 2(e)(4) makes no distinction between rare and commonplace
surnames ... and even a rare surname is unregistrable if its primary significance to
purchasers is a surname.”) (citations omitted).
Moreover, we do not follow a “strictly numerical approach” when considering the
degree of consumer exposure to a term as a surname. In re Adlon Brand GmbH &
Co., No. 85831682, 2016 TTAB LEXIS 526, at *12 (citing Etablissements Darty, 795
F.2d at 17). Given “the massive number of surnames in the United States, even the
most common surname would represent only a small fraction of the U.S. population.”
Tapio, 2020 TTAB LEXIS 483, at *31 (citing In re Gregory, No. 76277664, 2004 TTAB
LEXIS 277, at *8). “The relevant question is not simply how frequently a surname
appears, however, but whether the purchasing public for Applicant’s [goods] is more
likely to perceive Applicant’s proposed mark as a surname rather than as anything
else.” Beds & Bars Ltd., 2017 TTAB LEXIS 141, at *15. Thus, in making this
assessment we also consider the extent to which the public has been exposed to the
surname through news reports and the like. Gregory, 2004 TTAB LEXIS 277, at *8.
Here, the record contains evidence of a number of media mentions and references
to individuals with the surname Golia. Applicant faults the Examining Attorney for
not presenting evidence of a “‘nationally famous figure’ with the surname GOLIA,”11
contending that the most prominent individuals with this surname are “a local
11 6 TTABVUE 12; 9 TTABVUE 7-8.

Serial No. 98516586
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gardener and a high school wrestler.”12 But we have previously declined “to adopt a
heightened standard requiring ‘celebrity status,’ ‘national notoriety,’ or ‘significant
media attention’ in order to find that a surname, although not common, has sufficient
public exposure to be primarily merely a surname within the meaning of Section
2(e)(4) of the Trademark Act.” Tapio, 2020 TTAB LEXIS 483, at *32.
Applicant also misstates the record because the Examining Attorney provided
over two-dozen articles and website entries referencing individuals with the surname
Golia,13 such as New York state appellate court judge Donna-Marie Golia;14 author
Maria Golia;15 jazz musician Vinny Golia;16 New York Mets trainer Joe Golia;17
business women Lisa Golia18 and Amy Richardson-Golia,19 and artist Piero Golia.20
A printout from the iGENEA website lists “famous people named Golia” including
American photographer and filmmaker Joe Golia, American businessman Gerry
12 9 TTABVUE 6-7.
13 April 2, 2025 Final Office Action, TSDR 13-73; August 25, 2025 Denial of Request for
Reconsideration, TSDR 10-50.
14 April 2, 2025 Final Office Action, TSDR 13-16.
15 Id. at 25-29.
16 Id. at 31-32 (described as “a multi-instrument maestro who for decades has been a leading
light of avant-garde jazz and contemporary classical….”); August 25, 2025 Denial of Request
for Reconsideration, TSDR 5 (Wikipedia entry).
17 August 25, 2025 Denial of Request for Reconsideration, TSDR 17.
18 April 2, 2025 Final Office Action, at 45-47 (article announcing her new role as Chief
Operating Officer of UBS Global Wealth Management US).
19 Id. at 63-65 (article about founder of baby clothing company that was named No. 472 on
the 2018 Inc. 5000 list of fastest growing companies; company was started in New York before
being relocated to Texas).
20 Id. at 51-60 (article discussing the artist’s new creative space in LA).

Serial No. 98516586
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Golia, and a fictional character Inspector Salvatore Golia from the Oscar-winning
Italian movie La vita e’ bella.21
Although the total number of persons in the United States with the surname Golia
may be somewhat low, the examples of people in law, the arts, business, and other
fields having the surname Golia show meaningful and fairly broad public exposure to
GOLIA as a surname. See Etablissements Darty, 759 F.2d at 17 (“[E]vidence that
others in a number of cities in this country bear the surname DARTY” shows that “as
a surname, DARTY is not so unusual that such significance would not be recognized
by a substantial number of persons.”).
We conclude that the first inquiry supports the refusal.
B. Whether GOLIA is the Surname of Anyone Connected with
Applicant
Here, the individual Applicant’s last name is Golia.22 This is probative of the
term’s surname significance. Cf. Etablissements Darty, 759 F.2d at 16-17 (holding
DARTY primarily merely a surname where it was the surname of applicant’s
corporate president); Eximius Coffee, 2016 TTAB LEXIS 472, at *11-12, 25 (holding
ALDECOA primarily merely a surname where it was the surname of the founder and
individuals continuously involved in the business); Miller v. Miller, No. 91184841,
2013 TTAB LEXIS 1, at *18 (“That Applicant’s name is MILLER strengthens the
21 Id. at 88-91.
22 April 24, 2024 Application, TSDR 1. Because the Application was filed based on intent to
use, there is no evidence in the record regarding the manner of use by Applicant.

Serial No. 98516586
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inference that the public will perceive the term as a surname.”). This inquiry also
supports the refusal.
C. Whether GOLIA has any Recognized Meaning Other than as a
Surname
The Examining Attorney provided dictionary evidence showing that GOLIA does
not appear in dictionaries as a word in English or Italian.23 This supports a finding
that the term does not have a recognized meaning other than as a surname. See
Etablissements Darty, 759 F.2d at 16 (surname refusal affirmed where, inter alia,
term did not appear in dictionaries as a French or English word); Olin Corp., 2017
TTAB LEXIS 337, at *16 (in the absence of countervailing evidence supplied by the
applicant, “negative” dictionary evidence showing that the dictionaries searched do
not have an entry for the term establishes that the term has no recognized meaning
other than as a surname).
Applicant argues that GOLIA has a recognized meaning as “the Italian equivalent
of GOLIATH, a Biblical and cultural reference connoting size and strength.”24
Applicant did not submit any dictionary or translation evidence showing that the
word “Golia” means “Goliath.” Instead, Applicant provided copies of two third-party
registrations for the mark GOLIA that include translation statements stating that
23 See November 13, 2024 Non-final Office Action, TSDR 40-41 (printout from online COLLINS
DICTIONARY showing no results for “golia” in the English dictionary); April 2, 2025 Final
Office Action, TSDR 10-12 (printout from online CAMBRIDGE DICTIONARY Italian-English
option showing no entry for “golia” nor any translation of “golia” from Italian to English); id.
at 81-82 (printout from online ETYMOLOGICAL DICTIONARY OF THE ITALIAN LANGUAGE
showing no entry for “golia”).
24 6 TTABVUE 14.

Serial No. 98516586
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“Golia” means “Goliath.”25 Applicant also provided a copy of a Nonfinal Office Action
issued against a pending application for the mark GOLIA in which the Examining
Attorney asked whether the term has any meaning in a foreign language and, if so,
proposing a statement that the English translation of GOLIA in the mark is
GOLIATH.26 Finally, Applicant points to another third-party Principal Register
registration for GOLIA with no translation statement or claim of acquired
distinctiveness under Trademark Act Section 2(f), 15 U.S.C. § 1052(f), as indicating
that GOLIA “carries yet another independent, readily recognizable meaning beyond
that of a surname.”27
As we consider Applicant’s arguments, we must bear in mind that, whether an
applied-for mark is primarily merely a surname must be resolved on a case-by-case
basis. In re Weiss Watch Co., No. 86782562, 2017 TTAB LEXIS 183, at *5 (citing inter
alia Etablissements Darty, 759 F.2d at 17). “Even if some prior registrations had some
characteristics similar to [the applicant’s] application, the [US]PTO’s allowance of
such prior registrations does not bind the Board.” In re Nett Designs, Inc., 236 F.3d
25 January 3, 2025 Response to Office Action, TSDR 17, 20 (U.S. Reg. No. 1537535 for goods
including “candies” stating that “The English translation of the word ‘Golia’ in the mark is
‘Goliath.”; U.S. Reg. No. 1141571 for “orthopedic appliances” stating that “‘Golia’ in Italian
means Goliath.”).
26 June 10, 2025 Request for Reconsideration, TSDR 14, 18-21 (attaching a printout from the
Reverso Dictionary website indicating that Golia in Italian translates to Goliath in English).
We note that pending applications are not evidence of anything except that the applications
were filed on a certain date. Nike, Inc. v. WNBA Enters., LLC, No. 91160755, 2007 TTAB
LEXIS 39, at *12 n.8. The Examining Attorney has not objected to our consideration of the
attached evidence from the third-party application, and we consider the Reverso Dictionary
website printout for whatever probative value it may have.
27 6 TTABVUE 14-15; January 3, 2025 Response to Office Action, TSDR 6, 18 (U.S. Reg. No.
4595435).

Serial No. 98516586
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1339, 1342 (Fed. Cir. 2001). Moreover, in this case, Applicant bears the surname
Golia, whereas there is no evidence that anyone connected with the owners of the
prior registrations had GOLIA in their names. This is a significant fact that
distinguishes those earlier applications from the one before us. See In re Braun, 1960
TTAB LEXIS 20, at *2 (although “Braun” was the German word for brown, Board
held “it is clear that it is applicant’s surname, it is used as such, and it would be
thought of and recognized as such by the average purchaser” in the mark BRAUN
CAMERAS and design).
Nonetheless, the Examining Attorney and Applicant spend much time arguing
about the effect of these third-party registrations, all of which have now been
cancelled. The Examining Attorney argues that because the third-party registrations
have been cancelled they are only evidence of the fact that the registrations issued
and have no bearing on the meaning of GOLIA because a cancelled registration does
not receive the presumptions of Section 7(b) of the Trademark Act, including the
presumption of validity subject to any limitations stated in the registration
certificate.28 Applicant states it does not cite the cancelled registrations “to assert any
current or continuing rights to the trademark, but to demonstrate how the Office has
previously recognized and treated the term GOLIA as having the Italian meaning
GOLIATH, akin to citing a dictionary definition or translation of GOLIA.”29
28 8 TTABVUE 8.
29 6 TTABVUE 13.

Serial No. 98516586
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We agree with the Examining Attorney that as a general matter the cancelled
registrations are only evidence of the fact that they issued. More fundamentally,
however, we disagree with Applicant’s unsupported contention that the prior
registrations, cancelled or not, signify that the USPTO “has recognized GOLIA as the
Italian translation of GOLIATH, establishing a readily understood non-surname
meaning.”30 At most the prior registrations are evidence that two third parties offered
a translation statement that was accepted by the Trademark Examining Attorney
who examined those applications; by the same token, a different prior registrant and
Applicant himself provided no such translation statement.
Even if evidence in the record indicates that “Golia” has some significance in
Italian as referring to “Goliath,” it does not show that the term has a recognized
ordinary meaning among the U.S. purchasing public. “The mere existence of other
non-surname meanings of a proposed mark does not preclude a finding that it is
primarily merely a surname.” Tapio, 2020 TTAB LEXIS 483, at *36. “Rather, we must
consider whether the non-surname meanings eclipse the surname significance of the
proposed mark.” Id. at *37.
The Examining Attorney provided multiple sources that identify Golia as a
surname, including the Forebears website,31 Wikipedia,32 the BYU Script Tutorial
30 6 TTABVUE 12.
31 November 13, 2024 Non-final Office Action, TSDR 8 (entry for “Golia Surname”).
32 August 25, 2025 Denial of Request for Reconsideration, TSDR 5 (entry for “Golia
(surname)”).

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website,33 and the iGENEA website.34 The DICTIONARY OF AMERICAN FAMILY NAMES
(Oxford University Press 2d ed. 2022) entry for “Golia” reads:
1 Italian: nickname for a very large man, from the Biblical
personal name Golia ‘Goliath’, or from the personal name
Golia ‘Goliath’.
2 Americanized form of Slovenian Golja: topographical
name derived from gol ‘bare, treeless,’. Compare GOGLIA
2.35
An article on last names states that one category of surnames is derived from
nicknames: “Many last names in the Nickname category describe a person’s physical
appearance, as do the English nicknames Little and Long.”36
Taken as a whole, this evidence does not support a finding that GOLIA carries an
ordinary meaning to the purchasing public that eclipses its surname significance.37
Rather, the evidence supports a finding that the primary significance of GOLIA is as
a surname, potentially derived from the Biblical name “Goliath” as a reflection of the
physical characteristic of size. This inquiry supports the refusal.
33 April 2, 2025 Final Office Action, TSDR at 83, 87 (providing “a glossary of many common
surnames that are found in Italian,” which includes Golia).
34 Id. at 89 (entry for “Surname Golia – Meaning and Origin”).
35 August 25, 2025 Denial of Request for Reconsideration, TSDR 72.
36 April 2, 2025 Final Office Action, TSDR 100-02, 106 (Greenwich Historical Society article).
37 This case stands in contrast to those cited by Applicant. See 6 TTABVUE 15; 9 TTABVUE
9. For example, in In re Isabella Fiore, LLC, No. 76445173, 2005 TTAB LEXIS 296, at *18,
the Board applied the doctrine of foreign equivalents to find that “‘Fiore’ is an Italian word
that is listed as the only translation of the common English word ‘flower.’ It is the type of
term that potential customers would stop and translate.” Here, the evidence does not support
a finding that “Golia” is a common term that potential customers would stop and translate.

Serial No. 98516586
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D. Whether GOLIA has the Structure and Pronunciation of a
Surname
Finally, we consider the evidence made of record relating to whether, due to the
term’s structure or pronunciation, the public would or would not perceive it to have
significance as a surname. Six Continents, 2022 TTAB LEXIS 35, at *17; Tapio, 2020
TTAB LEXIS 483, at *39 (“Evidence that a term has the structure and pronunciation
of a surname may corroborate a finding that the primary significance of the term is
that of a surname.”).
The Examining Attorney provided evidence including listings of other surnames
that start with GOL or end with IA. Applicant argues that the record does not reflect
names used in the United States, lacks “‘objective evidence’ of any purported
similarity with other common surnames,” and ultimately fails to show that GOLIA
has “the structure, pronunciation, and appearance of a typical American surname.”38
The Examining Attorney responds that “GOLIA” is similar to other known surnames
in the United States and has linguistic patterns generally recognized as parts of
surnames.39
The Examining Attorney’s evidence includes the DICTIONARY OF AMERICAN
SURNAMES40 and U.S. Census Data,41 both of which reflect use in the United States.
The DICTIONARY OF AMERICAN FAMILY NAMES includes many names that start with
38 6 TTABVUE 15-16.
39 8 TTABVUE 9.
40 August 25, 2025 Denial of Request for Reconsideration, TSDR 72-80.
41 Id. at 51-85.

Serial No. 98516586
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GOL, including a number that, like GOLIA, consist of five letters.42 U.S. Census Data
from 2010 shows a number of relatively common surnames that end in IA.43 Other
evidence, while not necessarily reflecting current use in the United States, indicates
that the suffix -IA appears in Italian surnames and was historically used in certain
Christian and some Jewish surnames.44
There is also evidence of a number of surnames in use in the United States that
differ from GOLIA by only one letter. These include GOLIAS, GOLAS, GOLIO,
GOLIE and GOLGA45 as well as GOLAB, GOLAN, GOLAY, GOLBA, GOLDA,
GOLIC, GOLIK, GOLIN, GOLIS and GOLLA.46
As noted by Applicant, we have stated that “[t]he mere sharing of a prefix, suffix
or letter string does not result in the sort of structural similarity that is helpful to our
analysis.” Adlon, 2016 TTAB LEXIS 526, at *26.47 But there is no minimum amount
42 See id. at 72-83.
43 See id. at 52-71 (U.S. 2010 Census data).
44 See April 2, 2025 Final Office Action, BYU Script Tutorial 83-88 (listing of Italian surnames
starting with the letter G includes over a dozen that end in -IA); 109, 114-15 (GENEALOGY
article titled “Surnames of Georgian Jews: Historical and Linguistic Aspects”).
45 See November 13, 2024 Non-final Office Action, TSDR 13 (Forebears website printout).
46 See August 25, 2025 Denial of Request for Reconsideration, TSDR 73-74, 80, 82
(DICTIONARY OF AMERICAN FAMILY NAMES).
47 6 TTABVUE 15-16. In support of this proposition Applicant cites In re Carlo Ferrara SA,
No. 79162222, 2017 TTAB LEXIS 305, a non-precedential case, without disclosing its non-
precedential nature. Applicant did the same with other cases in both its main and reply
briefs. See, e.g., 6 TTABVUE 10, 15, 9 TTABVUE 5-7, 9 (citing In re Suphachatwong
Innovation Co., No. 86516441, 2016 TTAB LEXIS 565, and In re Majestic Gifts Inc., No.
88682492, 2021 TTAB LEXIS 599). Citation of non-precedential decisions is not encouraged
because such decisions are not binding on the Board and, when cited, such cases “must be
clearly identified as nonprecedential.” TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF
PROCEDURE §§ 101.03, 101.03(a)(2) (2025); see also id. § 1203.02(f).

Serial No. 98516586
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of evidence required when assessing whether a proposed mark has the structure and
pronunciation of a surname, which is a “decidedly subjective” inquiry. Benthin, 1995
TTAB LEXIS 10, at *2. Here, we have multiple examples of other surnames that
share the GOL- prefix or the -IA suffix as well as examples of surnames that differ by
only one letter. In particular, on their face names such as GOLIAS, GOLIO, GOLIS
and GOLLA are quite similar to GOLIA. Although the individual names may not be
common ones when viewed in isolation and there is no direct evidence of consumer
perception, collectively the evidence shows that consumers encounter other surnames
with similar structure and pronunciation to GOLIA. On this record, we find that the
structure and pronunciation of GOLIA is similar to that of a surname, which supports
a finding that the primary significance of GOLIA is as a surname.
III. Conclusion
After careful consideration of the record and all of the arguments, we find that the
record, taken as a whole, establishes that the primary significance of GOLIA to the
purchasing public is that of a surname, and GOLIA is primarily merely a surname
within the meaning of Section 2(e)(4) of the Trademark Act. Although Applicant
argues that any doubts should be resolved in its favor, the record leaves us with no
doubt.
Decision:
The refusal to register Applicant’s mark is affirmed.