Here are three recent appeals from mere descriptiveness refusals under Section 2(e)(1). How would you decide them? Remember the Board affirms about 85% of mere descriptiveness refusals that are appealed. ...
The USPTO refused registration of the mark DIAMONDESS for "jewelry primarily comprised of simulated diamonds and gemstones," deeming the mark deceptive under Section 2(a). Applicant Hyman appealed, arguing that DIAMONDESS ...
On January 6, 2016, Matthew H. Swyers, proprietor of The Trademark Company, commenced a lawsuit against the USPTO, alleging that the Office has violated his Constitutional rights in its investigation ...
The Board affirmed a refusal to register the mark MAGIC SNOWBALL for "plush toy which looks like a snowball and contains a motion-activated LED" [SNOWBALL disclaimed] finding the mark likely ...
Miss World Limited opposed an application to register the mark THE WORLDS PAGEANTS for "entertainment in the,nature of beauty pageants," on the ground of likelihood of confusion with the registered ...
The Board sustained this Section 2(d) opposition to registration of the mark FLATIZZA for "pizza," finding that Applicant Janco, LLC had not used the applied-for mark in commerce prior to ...
The USPTO refused to register the mark PALMS FREE for "universal phone holders and harnesses," deeming the mark to be merely descriptive under Section 2(e)(1). Examining Attorney Christopher Law contended ...
The USPTO refused to register the mark E GAR, finding it merely descriptive of the goods: "Electronic Cigars, Namely, an electronic device to heat liquids to create a vapor for ...
The Board affirmed two refusals to register, on the Supplemental Register, the product configuration shown below for "Headphone cables sold as an integral component of headphones," on the grounds of ...
The Trademark Trial and Appeal Board has scheduled three (III) oral hearings for the month of January, as listed below. The hearings will be held in the East Wing of ...