TTABlog Test: Is "SUPERSALT" Merely Descriptive Of Dietary Supplements?

The USPTO refused to register the proposed mark SUPERSALT for "dietary supplements," on the ground of mere descriptiveness under Section 2(e)(1). The evidence established that salt is a common ingredient of supplements, and the Examining Attorney argued that "super" is merely laudatory and descriptive. Applicant contended that SUPERSALT is a unitary, suggestive mark whose structure and alliteration cause a consumer to pause and think about the goods. How do you think this came out?  In re Super Salt, LLC, Serial No. 88143498 (July 22, 2022) [not precedential] (Opinion by Judge Cheryl S. Goodman).

The Board found the word "salt"to be descriptive of Applicant's electrolyte salt dietary supplements. The word "super" describes the main ingredient of applicant's product, pink sea salt, as being superior, first-rate, and high quality.