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ARTICLE · 05 OCTOBER 2020

TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Come Out? - October 02, 2020

Wolf Greenfield & Sacks
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The TTAB recently ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below.

United StatesIntellectual Property
John L. Welch
John L. Welch
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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 last year the Board  affirmed, by my calculation, about 93% of these refusals. Answer(s) will be found in the first comment.

In re Surfline/Wavetrak, Inc., Application Serial No. 88416048 (September 30, 2020) [not precedential] (Opinion by Judge Albert Zervas). [Mere descriptiveness refusal of FISHTRACK  for "online informational services, namely, providing a website featuring non-downloadable fishing charts, fishing reports, and fishing cams in the nature of videos featuring recreational fishing spots non-downloadable informational articles related to fishing, and non-downloadable photos and videos of fish over the Internet." Applicant argued that its website "provides fishing charts and fishing reports of past fishing activity, but there is no information provided that would allow someone to

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