Wednesday, July 18, 2012

Test Your TTAB Judge-Ability: Which One of these Mere Descriptiveness Refusals Was Reversed?

The TTAB reversed the PTO in one of these four Section 2(e)(1) mere descriptiveness cases summarized below. [Actually, the fourth refusal was based on Applicant's refusal to disclaim "I/O"]. Let's see how you do with them. Do you see any WYHA's here?

In re Madetoorder, Inc., Serial No. 77861639 (June 29, 2012) [not precedential]. [Refusal of MADETOORDER for "“on-line design services for others in the field of personalized and custom design transfers, namely, text, pictures and graphics for imprinting on apparel"].

In re HEB Grocery Company, LP, Serial No. 85027087 (June 29, 2012) [not precedential]. [Refusal of XTREME HEAT for “cheese flavored snacks, namely, cheese curls"].

cheese puffs

In re Mata Dolores, Serial No. 85309094 (June 28, 2012) [not precedential]. [Refusal to register POCKET HAT for hats [HAT disclaimed]].


In re IO Data Centers, LLC, Serial No. 77902194 (June 26, 2012) [not precedential]. [Refusal to register I/O ANYWHERE for "high density enclosures for computer servers and computer equipment" based on Applicant's failure to disclaim "I/O"].

TTABlog hint: No hint this time. You're on your own.

Text Copyright John L. Welch.


At 10:07 AM, Blogger Michael La Porte said...

No spoilers here. I usually fail miserably on this one but my "its got to be THAT one" finally came through for me!

At 10:30 AM, Anonymous Orrin A. Falby said...

XTREME HEAT for cheese curls should be reversed. The I/O is a WYHA.

At 11:31 AM, Anonymous Anonymous said...

Phew. My instinct was right, too. Carrie Johnson

At 11:56 AM, Blogger Miriam Richter, Esq. said...

This was a "DUH Rejection"! (DUH = Don't Understand How examiner rejected it.)

John: Feel free to use DUH anytime - I am licensing you all rights to it as thanks for this fabulous blog!


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