I have again reviewed the TTAB’s FOIA page in order to estimate the percentage of Section 2(e)(1) mere descriptiveness refusals that were affirmed by the Board during the last calendar year (2019). I counted 66 refusals, of which 62 were affirmed and 4 reversed. That’s an affirmance rate of 93.93%. [A jump from last year’s 90% rate].

Not one of the mere descriptiveness reversals was precedential. The four reversals involved the marks: FUR FREE FUR, CYBERINC, COMPANION CARE SOLUTIONS, and SMOKEY (disclaimer requirement). The FUR FREE FUR case was TTABlogged here.

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Text Copyright John L. Welch 2020.