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ARTICLE · 16 MARCH 2021

TTABlog Test: Which Of These Three Mere Descriptiveness Refusals Was/Were Reversed?

The TTAB recently decided the appeals from the three Section 2(e)(1) mere descriptiveness (or disclaimer) refusals summarized below.

United StatesIntellectual Property

The TTAB recently decided the appeals from the three Section 2(e)(1) mere descriptiveness (or disclaimer) refusals summarized below. At least one of them was reversed. Let's see how you do with them. Answer(s) will be found in the first comment.

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In re MCM Industries, LLC, Application Serial No. 88380496 (March 4, 2021) [not precedential] (Opinion by Judge Thomas W. Wellington). [Section 6 requirement for disclaimer of "JEWELED" in the mark JEWELED LULLABY for jewelry. The examining attorney submitted dictionary definitions of "jeweled" as well as marketplace evidence showing the term used descriptively in connection with jewelry by several third parties.]

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In re The Trustees of the Crown Acquisitions Discretionary Trust, Serial No. 88666035 (March 9, 2021)[not precedential] (Opinion by Judge Marc A. Bergsman). [Mere descriptiveness refusal of THE LUXURY COLLECTIVE for "Bed sheets; Blanket throws; Burp cloths; Comforters; Mattress pads; Sleeping bags

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