Ttab merely descriptive

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August undefined, 2024

WebA trademark opposition may be filed based on one of several grounds. This includes that the mark is merely descriptive and should be refused registration pursuant to Section 2 (e) (1) of the Trademark Act. A trademark is assessed on a continuum of legal strength. The strongest trademarks (and thus most eligible for trademark protection) are ... WebMay 1, 2024 · Takeaway: Purposefully misspelling the name of a product is likely not enough of a change to take a trademark application out of the realm of being considered merely descriptive. The TTAB recently decided a case regarding the trademark application of Pan American Properties, an alcoholic beverage distributor.

How to Overcome a 2(e)(1) Descriptiveness Refusal - Alt Legal

WebApr 8, 2024 · The TTAB recently decided the appeals from three Section 2(e)(1) mere descriptiveness refusals summarized below.Let's see how you do with them, keeping in … 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 … marwood group thatcham

How to Respond to Descriptiveness Refusal on a …

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 … 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 ... WebApr 13, 2024 · Trademark Trials: A Roundup of Recent Proceedings Before the TTAB. April 13, 2024 - By TFL. Image: Puma. Part of the enforcement efforts that trademark holders carry out on a routine basis comes in the form of opposition proceedings initiated with the U.S. Patent and Trademark Office (“USPTO”)’s Trademark Trial and Appeal Board (“TTAB ... huntington beach ca air show

TTAB’s Latest Trademark Refusal - KLO LAWTANK Blog

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). Web(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 … marwood group scotlandWebJul 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 … marwood healthcare

"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

TTAB Reverses Trademark Refusal And Allows Acronym RBAM To …

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: August 07, 2024 The … WebOct 4, 2024 · In Real Foods Pty., Ltd. v. Frito-Lay North America, Inc., [2024-1959, 2024-2009] (October 4, 2024), the Federal Circuit affirmed in part, vacated in part, and remanded the TTAB’s decision that the Real Foods marks CORN THINS and RICE THINS were merely descriptive and have not acquired distinctiveness.. Real Foods argued that the marks are …

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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., 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.

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, … 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.

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 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

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 …

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 … marwood hire bristolWebconnection 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 huntington beach ca bondsWebFeb 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 … huntington beach burn injury attorneyWebMar 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. huntington beach ca camping sitesWeb1209.01(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 … huntington beach ca average tempsWebApr 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 … marwood healthcare conferenceWebMar 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 huntington beach cable providers