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"REPTILE SAUSAGE" Merely Descriptive of Food for Reptiles, Says TTAB

By John L. Welch

I swear I never sausage a decision. The Board affirmed a Section 2(e)(1) refusal to register the mark REPTILE SAUSAGE, finding it merely descriptive of "food for animals, namely, for meat eating reptiles." In re Natural Balance Pet Foods, Inc., Serial Nos. 76612180 and 76612193 (March 17, 2008) [not precedential].Examining Attorney Robert Clark relied on webpages showing use of the term "sausage" in connection with reptile food, a webpage offering for sale "snake sausage," a page describing "Snake Steak Sausage," and a dictionary definition of sausage. Applicant Natural Balance provided a definition of "reptile."The Examining Attorney asserted that the mark immediately conveys relevant information about the goods: i.e., they are "sausages" for "reptiles...continue to full post

Full post as published by The TTABlog on April 04, 2008 (boomark / email).