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ARTICLE · 21 OCTOBER 2020

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

Wolf Greenfield & Sacks
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The TTAB recently ruled on the appeals from three Section 2(e)(1) mere descriptiveness refusals summarized below.

United StatesIntellectual Property

The TTAB recently ruled on 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 the Board affirms, by my calculation, some 90% of these refusals. Answer(s) will be found in the first comment.

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In re Healthy Brands LLC, Serial No. 88101117 (October 6, 2020) [not precedential] (Opinion by Judge Marc A. Bergsman). [Mere descriptiveness refusal of HEALTHY BRANDS for "cosmetics." Applicant maintained that the proposed mark "does not convey any particular function, characteristic, attribute, or use of the associated products because there is no general agreement as to what constitutes a 'healthy' cosmetic."]

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