Thursday, February 13, 2014

Test Your TTAB Judge-Ability on These Three Mere Descriptiveness Refusals

Three recent appeals from Section 2(e)(1) mere descriptiveness refusals are summarized below. How do you think they came out? Hint: they all came out the same way.

In re Schwartz, Serial No 85495793 (January 16, 2014) [not precedential]. [Mere descriptiveness refusal of MANAGE for "downloadable software for professional scheduling and appointment-keeping"].

In re Marino Felice SNC; Di Marino Ferdinando E Flavio, Serial No. 79113793 (January 27, 2014) [not precedential]. [Section 2(e)(1) refusal of ENKIR for flour and cereal preparations, and for beers and other beverages, all containing Triticum Monococcum or Einkorn, also known as Enkir].

In re Clic Goggles, Inc., Serial No. 85880648 (January 29, 2014) [not precedential] [Mere descriptiveness refusal of FRONT CONNECTION EYEWEAR for "eyewear"].

Read comments and post your comment here.

TTABlog note:  So how did you do? Are these all WYHAs?

Text Copyright John L. Welch 2014.


At 8:31 AM, Anonymous Anonymous said...

That eyewear specimen is text book for how NOT to use a "trademark".

At 8:32 AM, Anonymous Anonymous said...

I think that based upon the odds as you have so dutifully reported over these years, you are better off going to Vegas and betting roulette with you retirement. Seriously, either most of us are delusional or simply trying to make a buck by appealing these refusals. If the cases are that bad, they should not be appealed. If they are and the Board is simply rubber stamping examiners, then the appeals process is not a reasonable solution to challenging questionable examinations. Only a bit tongue in cheek, seriously, something is wrong with the current system or else something is wrong with the members of our bar. Neither is a good sign.

At 11:37 AM, Anonymous Anonymous said...

If the attorney recommends against appeal but the client insists, why blame the attorney for doing what her client asks and is paying for?

What is she supposed to do? Withdraw?

At 8:34 AM, Blogger Robert said...

Also can you blame the bar for the actions of pro se applicant?


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