Ttab merely descriptive

Author: uhle

August undefined, 2024

WebThe determination of whether a mark is merely descriptive must be made in relation to the goods or services for which registration is sought, not in the abstract. In re Chamber of Commerce, 675 F.3d at 1300, 102 USPQ2d at 1219; In re Bayer, 488 F.3d at 964, 82 USPQ2d at 1831. This requires consideration of the context in which the mark is used ... WebMar 28, 2024 · A term is merely descriptive if it immediately conveys knowledge of a significant quality, characteristic, function, feature or purpose of the products and …

This Opinion is not a Precedent of the TTAB - ttabvue.uspto.gov

WebAug 31, 2024 · If you have experienced a merely descriptive rejection, you have options. The expert trademark attorneys at War IP Law can guide you through the trademark application process. Call 202-800-3754 to consult an experienced intellectual property attorney about your specific questions today. Webwhen used on or in connection with an applicant’s goods, is merely descriptive of them. “A term is merely descriptive if it immediately conveys knowledge of a quality, feature, … how is herpes caught

U.S. Trademark Application Serial No. 88428920 - 3X LINE - N/A

WebFeb 11, 2024 · The examining attorney then concluded that “co-op” merely described a feature or characteristic of REI’s goods. Because the Lanham Act prohibits registration of marks that are merely descriptive of the goods or services, the examining attorney refused registration of the mark. REI appealed the decision to the TTAB. WebThe TTAB’s reasoning for why the word ‘Limited’ is a merely descriptive trademark. When analyzing whether a trademark owner owns rights in an otherwise descriptive mark, the … WebSep 27, 2024 · The interesting aspect to this decision is one of the grounds for refusal was failure to function as a trademark (the other ground was the mark was merely descriptive … how is herpes 2 spread

TTAB Finds: Failure To Function As A Trademark And Merely …

This Opinion is not a Precedent of the TTAB UNITED STATES …

WebNONFINAL OFFICE ACTION . The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.. Issue date: October 31, 2024 WebThe Examining Attorney rejected the application, finding the mark highly descriptive and the applicant’s evidence of acquired (or secondary) meaning inadequate. The applicant appealed to the Board. In affirming the Examining Attorney’s refusal, the Board primarily focused on whether the applicant had demonstrated secondary meaning. how is heroism presented in journeys endWebThe USPTO will refusal to register a trademark on the Principal Register if it is “merely descriptive” of the trademark owner’s goods and services. Once a descriptiveness refusal … how is heroin used/ taken

"WebIn In re Jeffrey Butscher, Serial No. 87572095, the Trademark Trial and Appeal Board (TTAB) reversed the Examiner’s refusal to permit the trademark registration of the mark CANNABIS CANNIBALS for “entertainment services, namely, an ongoing series featuring animated cannabis smoking cannibals provided through network or cable TV and the internet.” … " - Ttab merely descriptive

Ttab merely descriptive

How An IP Attorney Can Help Overcome A Merely Descriptive …

WebNear the top of the list of possible trademark rejections is mere descriptiveness. But, what exactly is a merely descriptive trademark? A merely descriptive mark “describes an … WebJan 30, 2013 · The TTAB granted summary judgment to ChaCha that its 242242 mark was not merely descriptive of its search services. The TTAB acknowledged precedent finding …

Did you know?

Webof Applicant’s services to be found merely descriptive. “[A] mark may be merely descriptive even if it does not describe the ‘full scope and extent’ of the applicant’s goods or services.” See In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004) (quoting In re Dial-A-Mattress Operating Corp., WebMar 3, 2024 · On to the Federal Circuit for THE JOINT. In its review of the TTAB’s decision, the Federal Circuit looked to the methods used by the TTAB in determining that JC’s mark is merely descriptive.

Web750 (TTAB 1985) (SUPEROPE merely descriptive of wire rope); In re Gagliardi Bros., Ind., 218 USPQ 181 (TTAB 1983) (BEEFLAKES is merely descriptive of thinly sliced beef); and In re Orleans Wines, Ltd., 196 USPQ 516 (TTAB 1977) (BREADSPRED is merely descriptive of jellies and jams). Our finding that LAPELLE would be perceived as the Webconnection with the applicant’s goods, is merely descriptive of them. 15 U.S.C. § 1052(e)(1). “A term is deemed to be merely descriptive of goods or services, within the meaning of Section 2(e)(1), if it forthwith conveys an immediate idea of an ingredient, quality, characteristic, feature, function, purpose or use of the goods or

WebOvercoming a Merely Descriptive Refusal. One of the more difficult refusals to overcome is a 2 (e) (1) refusal, where it is alleged that the mark is merely descriptive of the goods or … WebAug 31, 2024 · If you have experienced a merely descriptive rejection, you have options. The expert trademark attorneys at War IP Law can guide you through the trademark …

WebAug 3, 2024 · "AMERICAN MASALA" Geographically Descriptive of Food Products, Says TTAB Precedential No. 66: TTAB Finds "YOSEMITE BEER" Geographically Descriptive, …

WebFeb 25, 2016 · Serial No. 85692710 (August 4, 2014) [not precedential], where the Board reversed a refusal of an acronym based on merely descriptiveness. The applicant filed for registration of the acronym RBAM for business management and consultation in the field of engineering and maintenance of industrial, military, and marine equipment in addition to … highland middle school bellevue washingtonWebmust be merely descriptive, rather than suggestive, of a significant aspect of the goods or services which the goods or services plausibly possess but in fact do not.” In re Phillips-Van Heusen Corp., 63 USPQ2d 1047, 1051 (TTAB 2002); see also In re Shniberg, 79 USPQ2d 1309, 1312 (TTAB 2006). highland middle school bellevue ptsaWebApr 18, 2014 · In re Tennis in the Round, Inc., 199 USPQ 496, 497 (TTAB 1978). Consequently, an applicant can overcome a merely descriptive refusal under Section 2(e)(1) by making well formed arguments that a multi-stage reasoning process is needed to associate the mark with the goods or services sold under the mark. highland middle school bellevue staffWebAug 25, 2024 · To overcome a §2 (e) (1) refusal (i.e., a descriptiveness refusal), a trademark applicant can either (1) submit arguments and evidence to show that the mark is distinct, … highland middle school cowiche waWebJul 16, 2024 · After submitting numerous arguments and appealing the case, Applicant’s mark was refused registration by the TTAB on July 9, 2024. Merely Descriptive. A mark is … how is heroin weighedWebAssociation of Greenville, 18 USPQ2d 1313, 1317 (TTAB 1990); In re American Greetings Corp., 226 USPQ 365, 366 (TTAB 1985). When two or more merely descriptive terms are combined, the determination of whether the composite also has a merely descriptive … how is herpes 2 transmittedWeb(TTAB 1978); In re Shutts, 217 USPQ 363, 364-65 (TTAB 1983). It has long been acknowledged that there is a thin line between terms that are merely ... term is merely descriptive] may be obtained from any competent source, such … how is herpes diagnosed in men