Wednesday, April 07, 2021

TTABlog Test: How Did These Three Mere Descriptiveness Appeals Turn Out?

The TTAB recently decided the appeals from three Section 2(e)(1) mere descriptiveness refusals summarized below. Let's see how you do with them, keeping in mind that last year the Board affirmed, by my calculation, about 93% of these refusals. Answer(s) will be found in the first comment.


In re Tailored Management System, Inc., Application Serial No. 88857513 (March 26, 20221 [not precedential] (Opinion by Judge Michael B. Adlin). [Mere descriptiveness refusal of TAILORED MANAGEMENT SYSTEM “providing temporary use of online non downloadable computer software for insurance claims management for inputting first notice of loss, assigning claim to an adjuster, as well as performing billing and production, provide management reports, and tracking accounts receivable, related to the claim" [MANAGEMENT SERVICES (sic) disclaimed]. Applicant (based in Colleyville, Texas) argued that the proposed mark is suggestive rather than descriptive because "the term TAILORED is merely suggestive … the word TAILORED is not literally a description of the Applicant’s [ services], they don’t offer custom software services, but a standardized product. TAILORED suggests that the product will be suited for the customer’s needs, but it is not an actual description of the services."]

In re Consolidated Credit Counseling Services, Inc.., Application Serial No. 88396820 (March 29, 2021) [not precedential] (Opinion by Judge Frances S. Wolfson). [Mere descriptiveness refusal of CONSOLIDATED CREDIT for providing financial information, retirement information, and homebuyer education services. Applicant maintained that "credit is not consolidated and the term 'consolidated credit' has no meaning at all" and that the third parties using CONSOLIDATED CREDIT are "infringers of Applicant’s Mark."]

In re Rayhawk Corporation
, Serial No. 8857462 (March 31, 2021) [not precedential] (Opinion by Judge Robert H. Coggins). [Mere descriptiveness refusal of LESS FRICTION for "medical services." Applicant asserted that “[t]here are no ‘less friction’ medical services or the like," and moreover, the proposed mark is a double entendre.]

Read comments and post your comment here.

TTABlog comment: How did you do? See any WYHAs here?

Text Copyright John L. Welch 2021.


At 6:25 AM, Blogger John L. Welch said...

All three were affirmed.

At 7:14 PM, Blogger Pamela Chestek said...

It's interesting how often they seem to walk right into a misdescriptiveness argument instead.


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