Thursday, May 04, 2023

TTABlog Test: How Did These Three Appeals from Section 2(e)(1) Mere Descriptiveness Refusals Turn Out?

So far this year, by my count, the TTAB has affirmed 19 of 21 Section 2(e)(1) mere descriptiveness (or disclaimer) refusals. How do you think these latest three appeals came out? Results will be found in the first comment.

In re People Online, Inc., Serial No. 90489798 (May 2, 2023) [not precedential] (Opinion by Judge Marc A. Bergsman) [Section 2(e)(1) mere descriptiveness refusal of PEOPLE ONLINE for various Internet-related software and services, including Downloadable computer software for creating, editing, transmitting and sharing information, text, photos, images, audio, video, graphics, and multimedia files via the Internet.]

In re PharmaShares Manager LLC, Serial No. 90330489 (April 25, 2023) [not precedential] (Opinion by Judge Marc A. Bergsman) [Mere descriptiveness refusal of PHARMASHARES for "Brokerage of shares and other securities; Brokerage services for capital investments; Brokerage services for stocks and bonds; Brokerage services in the field of securities and commodities investing; Commodities exchange services; Financial exchange; Financial investment brokerage; Financial securities exchange services; Futures exchange services; Investment."]

In re Cytoveris Inc., Serial No. 88226502 (April 17, 2023) [not precedential] (Opinion by Judge Elizabeth A. Dunn). [Mere descriptiveness refusal of TUMORMAP for “medical apparatus and instrument for diagnostic use, namely, apparatus for medical diagnostic testing in the fields of cancer or other tissue-based diagnostic testing, cytology and cell-based testing; probes for medical purposes."] 

Read comments and post your comment here.

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

Text Copyright John L. Welch 2023.


At 7:07 AM, Blogger John L. Welch said...

All three refusals were affirmed.

At 9:36 AM, Anonymous Anonymous said...

None of these marks are merely descriptive. Crazy.

At 12:47 PM, Blogger SCF said...

I am most surprised by Cancer Map


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