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Divided TTAB Panel Reverses Mere Descriptiveness Refusal of "CRAZY GOOD" for Toaster Pastries

It took 32 pages and three opinions for the Board to reverse the PTO's mere descriptiveness refusal of CRAZY GOOD "for toaster pastries, [and] fruit preserve filled pastry product[s]." Judges Hohein and Bucher agreed that the term would be seen as overblown hyperbole and "mere puffery" and not as descriptive of the goods in any particular way. In dissent, Judge Grendel maintained that, even if the term were mere puffery, it is still laudatory and thus merely descriptive of the goods. In re Kellogg North America Co., Serial No. 78724957 (June 30, 2008) [not precedential].The PTO relied on dictionary definitions of "crazy" and "good," on an Urban Dictionary entry for "crazy good," and on various Internet webpages showing use of the term "crazy good" in connection with food items and in other contexts...continue to full post

Full post as published by The TTABlog on July 10, 2008 (boomark / email).