WebThe 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 … 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.,
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WebOct 17, 2024 · The USPTO refused registration of the applied-for mark PERSON, finding it merely descriptive of wearable computers, wearable electronic devices, smart watches, … WebJul 1, 2024 · TTAB Finds "APPLE SUGAR" Merely Descriptive Of Sweeteners Including Fruit Skins Wolf, Greenfield & Sacks, P.C. 53% Apple, Inc. Survives Section 2(d) Opposition Challenge To APPLE MUSIC By Tacking On Prior Use Of APPLE By Apple Corps Wolf, Greenfield & Sacks, P.C.
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. Webmust 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).
WebSep 26, 2016 · The Zero-Sum Game. In the instant case, the TTAB found that the identifications of goods in Coca-Cola's applications adequately defined the genus of the goods at issue as soft drinks, sports drinks, and energy drinks. The question then was whether the word "zero" was understood by the relevant public primarily to refer to that … 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
WebApr 21, 2009 · 152 USPQ 341, 343 (TTAB 1966) (HI-TORQUE “is the phonetic equivalent of the words ‘HIGH TORQUE’”). In In re Bayer Aktiengesellschaft, 488 F.2d 960, 82 USPQ2d 1828 (Fed. Cir. 2007), the Court found that ASPIRINA was merely descriptive for analgesic goods, and affirmed the Board’s finding that ASPIRINA and aspirin are
WebAssociation 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 … find patent numberWebJul 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 … find patentWeb1209.01(b) Merely Descriptive Marks. To be refused registration on the Principal Register under §2(e)(1) of the Trademark Act, 15 U.S.C. §1052(e)(1), a mark must be merely … find patent by application numberWebJan 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 … find past winning lottery numbers michiganWebwhen 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, function, or characteristic of the goods or services with which it is used.” In re Chamber of Commerce of the U.S., 675 F.3d 1297, 102 USPQ2d 1217, 1219 (Fed. find patel solar consultant company in njWebmerely descriptive designation does not make the designation distinctive. See In re Fat Boys Water Sports LLC, 118 USPQ2d 1511, 1514 (TTAB 2016) (“The fact that Applicant may be the first or only user of a term does not render that term distinctive ….”). See also In re Phoseon Tech., Inc., 103 USPQ2d 1822, 1826 (TTAB 2012); In re find patentsWebAug 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, … find patent attorney