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TTAB Test: Which Of These Three Mere Descriptiveness Refusals Was Reversed?

January 11, 2017| in The TTABlog| by John L. Welch

By my recent estimation, somewhere around 90% of all Section 2(e)(1) mere descriptiveness refusals that reached the TTAB in 2016 were affirmed on appeal. Well, here are three appeals that were decided within the past month. One refusal was reversed. Which one, pray tell? [Answer will be found in first comment].

In re GMR, LLC, Serial No. 86338948 (January 9, 2017) [not precedential]. [Refusal of BLACKJACK CHAT for “Computer game software; computer game programs; electronic game programs and for “Etertainment services, namely, providing online computer and electronic games through a social networking website.”

In re Panasonic Avionics Corp., Serial No. 86499954 (January 5, 2017) [not precedential]. [Refusal of FLIGHTLINK for “Meteorological forecasting; providing meteorological information; providing weatherinformation; weather forecasting; weather information services; weather reporting”].

In re Watered Up, LLC, Serial Nos. 86310513; 86310537; 86310550 (December 30, 2016) [not precedential]. [Refusal of AQUA CRISPS, in standard character and design forms, “for tapioca-based snack foods; tapioca chips”].

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