TTAB Sustains Mere Descriptiveness Opposition To "ENHANCED PUSH-TO-TALK" For Telecommunication Services

The Board sustained oppositions to registration of ENHANCED PUSH-TO-TALK for telecommunication services on the ground of mere descriptiveness under Section 2(e)(1), and to AT&T ENHANCED PUSH-TO-TALK for the same services, in the absence of a disclaimer of "ENHANCED PUSH-TO-TALK. (Applicant AT&T had already disclaimed PUSH-TO-TALK in both applications.) Because ENHANCED PUSH-TO-TALK is "highly descriptive" of AT&T's services, the Board found that AT&T's 'impressive advertising and promotional efforts and expenditures, sales numbers, and relative market share" were insufficient to establish acquired distinctiveness in that term. Sprint Communications Company L.P. v. AT&T Intellectual Property II, L.P., Opposition Nos. 91241178 and 91241179 (January 8, 2021) [not precedential] (Opinion by Judge Jonathan Hudis).