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ARTICLE · 18 SEPTEMBER 2021

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

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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Wolf Greenfield & Sacks

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The TTAB recently ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. Let's see how you do with them. Answer will be found in the first comment.

United StatesIntellectual Property

The TTAB recently ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. Let's see how you do with them. Answer will be found in the first comment.

In re UDP Labs, Inc., Serial No. 88573702 (September 8, 2021) [not precedential] (Opinion by Judge Peter W. Cataldo). [Mere descriptiveness refusal of BED METRICS (in standard characters, METRICS disclaimed) for "Computer hardware; downloadable computer software for the collection, processing, analysis, measuring, monitoring, tracking and distribution of biometric data; electronic sensors for monitoring movement, respiration, and heart rate," and "Software as a Service (SaaS) services featuring software for the collection, processing, analysis, measuring, monitoring, tracking and distribution of biometric data." Applicant conceded that the mark "is immediately descriptive of goods or services that measure a bed," but it argued that the mark "does not tell the user the goods

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