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ARTICLE · 01 MARCH 2021

TTABlog Test: Which One Of These Mere Descriptiveness Refusals Was Reversed?

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The TTAB recently decided the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. Actually, two involved disclaimer requirements.

United StatesIntellectual Property

The TTAB recently decided the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. Actually, two involved disclaimer requirements. One of the refusals was reversed. Which one? [Answer will be found in the first comment.]

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In re Pan American Properties, Corp., Application Serial No. 88277015 (February 10, 2021) [not precedential] (Opinion by Judge Elizabeth A. Dunn). [Mere descriptiveness refusal of SANGRIIITA. (in standard characters) for "alcoholic beverages except beers; prepared alcoholic cocktail." Applicant argued that because it owns registrations for SANGRIIIA and GASOLINA SANGRIIIA, consumers will perceived SANGRIIITA as a member of that family of marks and not as descriptive term referring to a cocktail known as a sangrita].

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