Share on LinkedInShare on LinkedIn

ARTICLE · 27 AUGUST 2021

TTABlog Test: Is FAST DRINK Merely Descriptive Of Nutritional Meal Replacement Drinks?

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
Contributor
Explore more from Wolf Greenfield & Sacks

The USPTO refused to register the proposed mark FAST DRINK, finding it to be merely descriptive of "Nutritional meal replacement drinks adapted for medical use; herbal teas for medical treatments."

United StatesIntellectual Property

The USPTO refused to register the proposed mark FAST DRINK, finding it to be merely descriptive of "Nutritional meal replacement drinks adapted for medical use; herbal teas for medical treatments." The Examining Attorney contended that FAST DRINK merely describes a significant feature of the identified goods, namely, that the goods are "for use during periods when a consumer either completely abstains from food, instead consuming herbal teas or meal replacement drinks such as those described in applicant's application or when a consumer greatly reduces the food for a certain period, instead consuming herbal teas or meal replacement drinks[.]" How do you think this appeal came out?  In re L-Nutra, Inc., Serial No. 87635652 (August 24, 2021) [not precedential] (Opinion by Judge Cindy B. Greenbaum).

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from