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Intellectual Property Law

: The TTABlog

TTAB Invokes Bogus Telescope Analogy, Affirms Mere Descriptiveness Refusal of "WIKINVEST" for Financial Website

Ok, I admit it. I'm still miffed over the TTAB's ruling that the mark THE TTABLOG is not inherently distinctive. The Board blindly applied its "telescoping" theory to find mere descriptiveness, ignoring the fact that the parts of a telescope slide smoothly together, while the words "TTAB" and "blog" do not. I ask again, exactly how do you pronounce TTABLOG? Is there any competitive need for someone else to use THE TTABLOG? Do you not think that consumers immediately recognize THE TTABLOG as a mark just because the "telescoping" doesn't fit? These same arguments apply to the Board's robotic affirmance of the PTO's mere descriptiveness refusal to register WIKINVEST for financial information services. In re Nvest, Inc., Serial No. 77154507 (October 8, 2008) [not precedential]...continue to full post

Full post as published by The TTABlog on October 15, 2008 (boomark / email).

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