The examiner's claim that the mark means 'artisanal' or 'hand-made' in Italian is incorrect. The appellant offered to provide evidence of use of the mark in the event that the examiner maintained her objections. She invited the appellant to file evidence of acquired distinctiveness of the mark through use in Italy. According to the appellant, the mark is particularly well known because the merchandise is at the top end of the market. The mark is woven into the goods themselves and also appears on woven neck labels and swing tags.
Enormous publicity is given each year to the trade mark.
None of the dictionaries available to the Office refer to this alleged obsolete usage. Moreover, all the Italian examiners in the Office confirm that the word, in its adjectival sense, is still used in the Italian language. More substantial evidence of use should be submitted. The fact that the appellant's products are manufactured in Italy does not prove that the mark has become distinctive there. Annual turnover and advertising figures relating to the Italian market for the years preceding the filing of the application are required, along with examples of how the mark is used in practice, e.g. labels and advertising material.