Test Your TTAB Judge-Ability: Which One of These Five Section 2(e)(1) Mere Descriptiveness Refusals Was Reversed?

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 five appeals that were decided in March 2013. One refusal was reversed. Which one, pray tell? Do you see any WYHA?'s here?



In re Worship Artistry, LLC, Serial No. 85392899 (March 21, 2013) [not precedential]. [Refusal of WORSHIP ARTISTRY for "Educational and entertainment services in the field of music instruction offered through online, nondownloadable videos and instructor assistance; providing a website featuring non-downloadable instructional videos in the field of music instruction"].

In re GP Global Limited, Serial No. 85345544 (March 21, 2013) [not precedential]. [Refusal of FRAGRANCE PODS for "room fresheners" [FRAGRANCE disclaimed]].

Giant pod, cast of "Invasion of the Body Snatchers"
In re Weitzen, Serial No. 85291176 (March 19, 2013) [not precedential]. [Refusal of PARTNERSHIP DANCING "educational and entertainment services, namely, conducting classes, workshops and events in the field of dance and distribution of course materials in connection therewith, and education consulting related thereto"].

In re Avant Garde Marketing Solutions, Inc., Serial No. 77735279 (March 19, 2013) [not precedential]. [Refusal of CASH VALUE for "customer loyalty services and customer club services, for commercial, promotional and/or advertising purposes featuring the ability for customers to earn rewards with a value equivalent to cash when applied to purchase goods or services from a participating merchant subject to compliance with any conditions imposed by the merchant; promoting the goods and services of others by means of the issuance of loyalty rewards cards which offer customers the ability to earn rewards with a value equivalent to cash when applied to purchase goods or services from a participating merchant subject to compliance with any conditions imposed by the merchant; providing incentive award programs for customers and employees for the purpose of promoting and rewarding loyalty through the distribution of prepaid stored value cards having a value equivalent to cash when applied to purchase goods or services from a participating merchant subject to compliance with anyconditions imposed by the merchant; providing incentive award programs for customers for frequent use of participating businesses through the issuance and processing of loyalty coupons having a value equivalent to cash when applied to purchase goods or services from a participating merchant subject to compliance with any conditions imposed by the merchant"].

 In re GP Global Limited, Serial No. 85399516 (March 14, 2013) [not precedential]. [Refusal of AYURVEDIC for “herbal tea; tea"].

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Text Copyright John L. Welch 2013.