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Precedential No. 47: "BOBBLE POPS" Merely Descriptive of Candy, Says TTAB, Colorfully

In a colorfully illustrated opinion crafted by Judge Bucher (whose "trademark" is the deft use of Photoshop), the Board affirmed a Section 2(e)(1) refusal to register the mark BOBBLE POPS [BOBBLE disclaimed], finding the mark merely descriptive of candy. In re Paul Leonhardt, Serial No. 78666879 (November 13, 2008) [not precedential].Applicant Leonhardt lamely argued that the mark is merely suggestive, but Examining Attorney Yat-sye I. Lee provided a substantial wad of evidence that, he maintained, "clearly demonstrates that the commercial impression of applicant's alleged mark, examined in its entirety in relation to applicant's identified goods, immediately conveys information about the bobble head feature and lollipop genus of applicant's candy...continue to full post

Full post as published by The TTABlog on November 17, 2008 (boomark / email).