Test Your TTAB Judge-Ability on These Four Section 2(e)(1) Mere Descriptiveness Refusals

The TTAB reversed the PTO in two of the four Section 2(e)(1) mere descriptiveness cases summarized below. Let's see what you would do with them.


In re MVP Group International, Inc., Serial No. 85074276 (May 16, 2012) [not precedential]. FIREBRIX merely descriptive of “fire lighters; solid fire starters.”

In re HJL Group, LLC., Serial No. 85028579 (May 21, 2012) [not precedential]. NEIGHBORHOODJOINTS merely descriptive of: offering business management assistance in the establishment and/or operation of restaurants; Providing a web site featuring product ratings of the consumer goods and services of others in the field of food and restaurant services; Providing a website where users can post ratings, reviews and recommendations on restaurants, food and wine for commercial purposes; Restaurant management for others.

In re Michael W. Arlen, Serial Nos. 85135800 and 85180298 (May 25, 2012) [not precedential]. NEWTRITIOUS and INSTANT NEWTRITION for “powdered mixes in the nature of powdered nutritional supplement mix.”

In re Outlook Amusements, Inc., Serial No. 77314375 (May 31, 2002) [not precedential]. TEEN PSYCHIC for a wide variety of educational and entertainment services, including services involving psychic readings, astrological forecasting, and including services for children and teenagers, and for psychic and astrological reading services; entertainment services, namely, providing a website at which the public can receive advice from an individual concerning relationships, psychic readings, and/or astrological forecasting.


TTABlog hint: The first and third cases came out the same way.

Text Copyright John L. Welch.