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ARTICLE · 08 APRIL 2021

TTABlog Test: How Did These Three Mere Descriptiveness Appeals Turn Out?

Wolf, Greenfield & Sacks, P.C.
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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...

United StatesIntellectual Property
John L. Welch
John L. Welch
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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% of these refusals. Answer(s) will be found in the first comment.

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In re Tailored Management System, Inc., Application Serial No. 88857513 (March 26, 20221 [not precedential] (Opinion by Judge Michael B. Adlin). [Mere descriptiveness refusal of TAILORED MANAGEMENT SYSTEM "providing temporary use of online non downloadable computer software for insurance claims management for inputting first notice of loss, assigning claim to an adjuster, as well as performing billing and production, provide management reports, and tracking accounts receivable, related to the claim" [MANAGEMENT SERVICES (sic) disclaimed]. Applicant (based in Colleyville, Texas) argued that the proposed mark is suggestive rather than descriptive because "the term TAILORED is

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