Ttab merely descriptive
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 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.,
Ttab merely descriptive
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Webmerely 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 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, …
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, … WebJan 29, 2024 · The Trademark Trial and Appeal Board (the "Board" or "TTAB") recently reversed a refusal to register a mark on the grounds of likelihood of confusion. ... Merely Descriptive Or Generic (18) Frequently Asked Questions (16) Common Law Rights & Priority (11) Trademark Registration (8) Acquired Distinctiveness (7)
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). WebAug 3, 2024 · "AMERICAN MASALA" Geographically Descriptive of Food Products, Says TTAB Precedential No. 66: TTAB Finds "YOSEMITE BEER" Geographically Descriptive, …
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 …
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 … sky racing catching penWebFeb 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 … skyrace matheysins 2023WebA 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 ... sweatpants bootcut tall for womenWebwhen 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, … sweatpants boys age 15WebApr 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. sweat pants boys size 16WebAug 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. sweatpants boxingWebMay 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. sweatpants boys husky