TTABlog Test: Three Recent Section 2(e)(1) Mere Descriptiveness Appeals - How Did They Turn Out?
Last year the Board affirmed about 88% of the Section 2(e)(1) mere descriptiveness refusals reviewed on appeal. So far this year, the rate is well over 90%. Here are three recent appeals. How do you think they came out? You might respond by asking, what was the evidence? Well, give it a try anyway. [Answer in first comment].

In re Lifetime Brands, Inc., Serial No. 98012956 (June 30, 2025) [Opinion by Judge Angela Lykos]. [Section 2(e)(1) mere descriptiveness refusal of SNACKLEBOX for "cutting boards and attached serverware, namely, serving platter with compartments sold together as a unit." Applicant argued that the term is suggestive because it is “a play on the words, ‘snack’ and ‘tackle box’, and does not immediately convey that applicant’s goods feature a cutting board and a serving platter with compartments.”]
In re Lewitt, Hackman, Shapiro, Marshall & Harlan, Serial No. 98115823(July 2, 2025) [not precedential] (Opinion by Judge Thomas W. Wellington). [Mere descriptiveness refusal of JUSTICENTER for “Attorney services; Attorney services, namely, representation of clients in personal injury matters; Legal services." Applicant contended that JUSTICENTER, “as a telescoped mark, has no meaning in and of itself.”]
US Ghost Adventures Llc, Serial No. 98186224 (July 3, 2025) [not precedential] (Opinion by Judge Thomas L. Casagrande). [Mere descriptiveness refusal of MONSTER HOUSE for "Museum services, namely, exhibiting to the public a historical site” and “Hotel accommodation services.” Applicant argued that MURDER HOUSE could indicate something other than a house where a murder took place, such as a restaurant with food so good diners want to “murder” their meals or a house where crows gather.]
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Text Copyright John L. Welch 2025.