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ARTICLE · 14 AUGUST 2020

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

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The TTAB recently decided the appeals from three Section 2(e)(1) mere descriptiveness refusals summarized below.

United StatesIntellectual Property

The TTAB recently decided 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 last year the Board  affirmed, by my calculation, about 93% these refusals. Answer(s) will be found in the first comment.

In re Sporting Soles, Inc., Application Serial No. 87892535 (August 7, 2020) [not precedential] (Opinion by Judge Christen M. English). [Mere descriptiveness refusal of SPORTING SOLES for retail stores featuring sporting goods. Applicant contended that its mark is a double entendre.].

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In re Robert Castro, Application Serial No. 87435626 (August 7, 2020) [not precedential] (Opinion by Judge Angela Lykos). [Mere descriptiveness refusal of POSITIVE MENTAL ATTITUDE for educational materials and consulting services in the field of sales. Applicant argued that the mark is incongruous.]

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