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ARTICLE · 26 SEPTEMBER 2012

A Mark Is Merely Descriptive If It Conveys Information Regarding A Function, Purpose, Or Use Of The Goods

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In DuoProSS Meditech Corp. v. Inviro Medical Devices, Ltd., No. 12-1050 (Fed. Cir. Aug. 14, 2012), the Federal Circuit reversed the TTAB’s decision dismissing DuoProSS Meditech Corporation’s ("DuoProSS") counterclaims for cancellation of two trademark registrations owned by Inviro Medical Devices, Ltd. ("Inviro").

United StatesIntellectual Property
Abhay Watwe
Abhay Watwe
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In DuoProSS Meditech Corp. v. Inviro Medical Devices, Ltd., No. 12-1050 (Fed. Cir. Aug. 14, 2012), the Federal Circuit reversed the TTAB's decision dismissing DuoProSS Meditech Corporation's ("DuoProSS") counterclaims for cancellation of two trademark registrations owned by Inviro Medical Devices, Ltd. ("Inviro"). 

DuoProSS and Inviro sell medical syringes and needles designed to prevent accidental needle sticks.  Inviro's products accomplish that objective by capturing a syringe's needle in the syringe barrel after use and sealing off the barrel with the needle inside.  To do so, a person using an Inviro syringe must pull the syringe plunger back, drawing the needle into the syringe barrel, and snap (or break) off the plunger, sealing the needle inside the barrel and making the syringe safe for handling and disposal.

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