The TTAB recently ruled on the appeals from the four Section 2(e)(1) mere descriptiveness refusals summarized below. Let’s see how you do with them, keeping in mind that the Board affirms, by my calculation, some 90% of these refusals. Answer(s) will be found in the first comment.

In re DeSean Ramsey DBA BearArms Bracelets, Serial No. 87708731 (March 18, 2020) [not precedential] (Opinion by Judge Cindy B. Greenbaum). [Mere descriptiveness refusal of BULLET BRACELET for “Bracelets; Bracelets made of paracord; Jewelry” [BRACELET disclaimed]. Applicant argued that its goods are made from spent (fired) or empty pistol shell casings and paracord, rather than actual bullets.].

In re ZF Friedrichshafen AG, Application Serial No. 79231720 (March 17, 2020) [not precedential] (Opinion by Judge Angela Lykos). [Section 2(e)(1) mere descriptiveness refusal of SOUND.AI for “Sensors for detecting sound waves; electronic control and regulating apparatus for operating motor vehicles; driver assistance systems for motor vehicles, based on the detection of sound waves; computer hardware and software for operating motor vehicles.” Applicant pointed out the lack of evidence of third-party use of “sound” and “AI” together to describe any goods or services.].

In re Night Shift Brewing, Inc., Application Serial No. 87321948 (March 17, 2020) [not precedential] (Opinion by Judge David K. Heasley). [Mere descriptiveness refusal of  BEAN PORTER for “beer; porter.” Applicant maintained that the mark is a double entendre because “the word BEAN evokes the city of Boston (oft nicknamed ‘Beantown’), as it is located in Everett, Massachusetts, on the outskirts of the greater Boston metropolitan area, and uses BEAN PORTER in collaboration with Bean Snowboards, also located in the Boston area.”].

In re Acacia Group LLC, Serial No. 87422774 (March 17, 2020) [not precedential] (Opinion by Judge Jonathan Hudis). [Mere descriptiveness refusal of REPOETF in the stylized form shown below, for various financial and advisory services. Applicant asserted, inter alia, that the stylization of its mark, with the “ETF” portion appearing like a mathematical exponent, makes it merely suggestive].

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Text Copyright John L. Welch 2020.