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, keeping in mind that the Board affirms,
in my estimation, nearly 90% of these refusals. [Answer in the
first comment].
In re International Barrel Distributors,
Serial No. 87271602 (June 28, 2019) [not precedential] (Opinion by
Judge Peter W. Cataldo). [Refusal to register the mark DEEP
TOAST for "wood barrels" on the grounds that the
phrase is not inherently distinctive (and lacks acquired
distinctiveness)].
In re Essenlix Corporation, Serial No.
87467392 (June 28, 2019) [not precedential] (Opinion by Judge
Jyll Taylor) [Mere descriptiveness refusal of
ISELF-TEST for assays, reagents, and apparatus for
medical diagnostic testing].
