TTABlog Test: Is COMPOSTA (Italian) Merely Descriptive Of Compostable Containers?

The USPTO refused to register the proposed mark COMPOSTA for compostable containers made of kraft paper or plastic for use in the food service industry, finding the mark to be merely descriptive of the goods under Section 2(e)(1). Examining Attorney Sahar Nasserghodsi relied on the doctrine of foreign equivalents, maintaining that "composta" is an Italian word meaning "compost," "mixture," or "compound." Applicant provided other definitions, including "composed" and "compote," and also pointed to the issuance of registrations for COMPOSTABOX and COMPOST-A-PAK without disclaimer of COMPOST. Cosa è successo? In re Elkay Plastics Co., Inc., Serial No. 88573025 (January 8, 2021) [not precedential] (Opinion by Judge Mark Lebow).