Ttab merely descriptive
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.
Ttab merely descriptive
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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 ... 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 …
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 … 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 …
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 … WebApr 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.
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.
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. shaofeng liWebmerely 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 ponies on loan near meWeb1209.01(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, … ponies of assateague islandWebIn 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.” … ponies paper plastic book holderWebOvercoming 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 … ponies of the worldWebSep 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 … shaofeng caiWebAssociation 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 … ponies on the shining