By my estimation, somewhere around 80-85% of all Section 2(e)(1) mere descriptiveness refusals that reach the TTAB are affirmed on appeal. Well, here are four appeals that were recently decided. One refusal was reversed. Which one, pray tell? [Answer will be found in the first comment].
In re NTVB Media, Serial No. 86174087 (October 5, 2016) [not precedential]. [Section 2(e)(1) mere descriptiveness refusal of TV WEEKLY, in the stylized form shown below, for “Publications, namely, printed magazines, newspaper inserts, television guides, featuring information pertaining to media, television, movies, stars, trivia, gossip,media programming guides with information relating to video and audio content in television, movies,the Internet, web podcasts and radio programming, games, and puzzles” and the services of “Online publications, namely, online articles, guides, magazines relating to media, television, movies, stars,trivia, games, puzzles, gossip, media programming guides with information relating to video and audio content in television, the Internet, web podcasts and radio programming”].
In re Marabo North America Holdings Ltd., Serial No. 86464788 (October 5, 2016) [not precedential]. [Section 2(e)(1) mere descriptiveness refusal of JOINT’NMUSCLE for “Topical analgesic creams”].
In re ServiceNow, Inc., Serial No. No. 86474833 (September 28 2016) [not precedential]. [Section 2(e)(1) mere descriptiveness refusal of CREATORCON for “Arranging and conducting business conferences for software development”].
In re British Customs, LLC, Serial No. 86154804 (September 21, 2016) [not precedential]. [Section 2(e)(1) mere descriptiveness refusal of BRITISH CUSTOMS for “motorcycle parts, components and accessories, namely, wheels, rearview mirrors, engine rebuild kits sold as a unit, hub caps, brake cylinders, wheel bearing kits, fork crown covers, fork joints, gas caps, turn signals, sprockets, handlebar grips, clutch springs and fenders” and for “on-line wholesale and retail store services featuring motorcycle parts and accessories”].
