Ttab merely descriptive
Web1209.01(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 descriptive or deceptively misdescriptive of the goods or services to which it relates.A mark is considered merely descriptive if it describes an ingredient, quality, characteristic, … 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 …
Ttab merely descriptive
Did you know?
WebAug 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, … 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.
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 … 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
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 ... 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.
WebFeb 25, 2016 · Serial No. 85692710 (August 4, 2014) [not precedential], where the Board reversed a refusal of an acronym based on merely descriptiveness.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 …
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, 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. dessert with amaretti biscuitsWeb(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 … dessert with apple pie fillingWebTTAB - Trademark Trial and Appeal Board - *1 IN RE ENGINEERING SYSTEMS CORPORATION ... Corp., 200 USPQ 215 (CCPA 1978); In re Nibco Inc., 195 USPQ 180 (TTAB 1977); and cases cited therein. A term is merely descriptive if, as applied to the goods or services in question, it describes an ingredient, quality, characteristic, function ... chuck\\u0027s heatingWebNONFINAL 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: August 07, 2024 The … chuck\u0027s heating wiWebMar 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 services it identifies. In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009, 1009 (Fed. Cir. 1987). Whether a particular term is merely descriptive is determined in relation to the goods chuck\u0027s heating \u0026 coolingWebmust 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). chuck\u0027s heating and ventilating vermontWebof 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., dessert with brioche bread