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Precedential No. 32: Double Entendre Argument Remedies "THE FARMACY" 2(e)(1) Refusal, Says TTAB

The Board fell for Applicant Tea and Sympathy's claim that The mark THE FARMACY is a double entendre and therefore is not merely descriptive of "retail store services featuring natural herbs and organic products; and on-line retail store services featuring natural herbs and organic products" (in International Class 35), and "providing integrated health services at retail locations in the nature of dietary and nutritional guidance and providing information about dietary supplements and nutrition" (in International Class 44). And so the Board reversed the PTO's Section 2(e)(1) refusal to register. In re Tea and Sympathy, Inc., Serial No. 77054914 (June 18, 2008) [precedential].The Examining Attorney argued that the mark describes the place where Applicant's services are dispensed, and the purpose of the services: "applicant sells organic herbs and products in a health and medical environment that is essentially a pharmacy with just a different phonetic spelling...continue to full post

Full post as published by The TTABlog on June 25, 2008 (boomark / email).