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ARTICLE · 23 JANUARY 2023

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

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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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

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. Results will be found in the first comment.

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In re International Fruit Genetics, LLC, Serial No. 88710987 (January 5, 2023) [not precedential] (Opinion by Judge Marc A. Bergsman). [Mere descriptiveness refusal of COTTON CANDY for various food products, including yoghurt in Class 29, chewy sweets in Class 30, fruit beverages in Class 32, and non-alcoholic flavorings for make alcoholic beverages in class 33. The applicant argued that "consumers will perceive the mark as being suggestive because its COTTON CANDY products are not the 'common flavor' of the spun, sugar candy floss concoction of carnivals and state fairs."]

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