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ARTICLE · 29 JUNE 2020

TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out? (June 26, 2020)

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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The TTAB recently ruled on 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...

United StatesIntellectual Property

The TTAB recently ruled on 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.

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In re Shimano North America Holding, Inc., Application Serial No. 88185338 (June 24, 2020) [not precedential] (Opinion by Judge George C. Pologeorgis). [Mere descriptiveness refusal of FLAT-FALL for "Fishing lures; Lures for fishing" in International Class 28.

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In re Fusion 360, Inc., Application Serial No. 88131491 (June 24, 2020) [not precedential] (Opinion by Judge Cristopher Larkin). [Mere descriptiveness refusal of BUD SET for "Fertilizers; plant foods; chemicals for use in agricultural and industry, namely, microbial nutrient compositions, microbial compositions, bioremediation compositions, mineral fertilizing preparations, and plant nutrient compositions," in

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