TTAB Test: Which One of These Four 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 four appeals that were decided this month. One refusal was reversed. Which one, pray tell? [Answer in first comment].
In re Tesher, Serial No. 85405171 (July 10, 2015) [not precedential] [Mere descriptiveness refusal of COLLEGE BIDS for "On-line trading services in which a seller posts items to be sold at a set price; online trading services in which a seller posts items to be sold in an auction-style format where bidding is done electronically; and providing evaluative feedback and ratings of sellers' goods and services, the value and prices of sellers' goods, buyers' and sellers' performance, and delivery and overall trading experience in connection with the foregoing, all for commercial purposes," and a further refusal based on failure to disclaim COLLEGE as to feedback and ratings services.]
In re Masco Corporation of Indiana, Serial No. 86037351 (July 22, 2015) [not precedential]. [Mere descriptiveness refusal of DOWNPOUR for "plumbing products, namely showerheads and handheld showers."]
In re Dipyourcar.com LLC, Serial No. 86165003 (July 23, 2015) [not precedential]. [Mere descriptiveness refusal of DIP PEARLS for "Paint additive made of recycled material to add texture, color, or reflection; Textured additives for paint."]
In re PJCL Hughes Family Trust, LLC, Serial No. 86109353 (July 23, 2015) [not precedential]. [Mere descriptiveness refusal of REVERSE IONIZER for "water treatment equipment, namely, an electromagnetic water activator for influencing the energetic quality of water by amending the information contained in the clusters of water molecules."]
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Text Copyright John L. Welch 2015.