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ARTICLE · 30 DECEMBER 2021

TTABlog Test: Is ZERO MEAT Merely Descriptive Of Animal, Fish, And Poultry Certification Services?

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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Wolf Greenfield & Sacks

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The USPTO refused to register the proposed mark ZERO MEAT for "Testing, analysis and evaluation of the goods and services of others to determine conformity with certification standards...

United StatesIntellectual Property

The USPTO refused to register the proposed mark ZERO MEAT for "Testing, analysis and evaluation of the goods and services of others to determine conformity with certification standards; testing, analysis and evaluation of the food products of others to determine conformity with certification standards relating to animal, fish or poultry," on the ground of mere descriptiveness. Applicant Equity argued that the proposed mark is a coined phrase, and that other terms like "contains no ...", or free of ..." or "vegan" or "vegetarian" would be used to indicate the absence of animal, fish, or poultry content in foods. How do you think this came out? In re Equity IP Holdings, LLC, Serial No. 88517758 (December 16, 2021) [not precedential] (Opinion by Judge George C. Pologeorgis).

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