TTABlog Test: Which of These Three Section 2(e)(1) Mere Descriptiveness/Disclaimer Refusals Was/Were Reversed?

Last year the Board affirmed about 88% of the mere descriptiveness/disclaimer refusals reviewed on appeal. So far this year, the rate is about 95% - but it's early. Here are three recent appeals. At least one resulted in a reversal. How do you think they came out? You might respond by asking, what was the evidence? Well, give it a try anyway. [Answer in first comment].

In re Saint George Atelier LLC, Serial Nos. 98160447 and 98160447 (April 9, 2025) [not precedential] (Opinion by Judge Angela Lykos). [Section 6(a) disclaimer requirement of the word ATELIER in the mark SAINT GEORGE ATELIER for backpacks, clothing, and retail clothing store services. The Merriam-Webster definition of "atelier" is “an artist’s or designer’s studio or workroom” or “workshop." Applicant submitted 10 third-party registrations for marks containing the word ATELIER, all without disclaimers, for goods such as citrus squeezers, carpets, salad dressings, kitchen towels and disinfecting wipes.]

In re Rashbi LLC, Serial No. 97767502 (April 9, 2025) [not precedential] (Opinion by Judge Mark Lebow). [Mere descriptiveness refusal of RAIZ DE TEJOCOTE for “Dietary supplements; Nutritional supplements; Vitamin supplements." The Board found that the mark to be accurately translated as "root of tejocote." Applicant did not deny that its goods contain “root of tejocote” (or “tejocote root”), but only that they “do not primarily contain tejocote root.”]

In re ThreatLocker, Inc., Serial Nos. 97156251 and 97214203(April 7, 2025) [not precedential] (Opinion by Judge Cynthia C. Lynch). [Mere descriptiveness refusal of RINGFENCING for, inter alia, downloadable anti-piracy software, software for controlling application access to data, and computer hardware, namely, firewalls. Applicant argued that the mark "has one universally accepted definition" in the finance context – to put aside and protect a particular sum of money for a specific purpose." According to Applicant, in the cybersecurity setting, the term is suggestive, requiring consumers “to engage in a multi-step attenuated analysis to deduce the potential nature of the software and its purposes."]

Read comments and post your comment here.

TTABlog comment: How did you do? See any WYHA?s

Text Copyright John L. Welch 2025.