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Intellectual Property Law

: The TTABlog

Precedential No. 54: "DEC" Merely Descriptive of Nuclear Decay Batteries, Says TTAB

If your energy is waning and you need your battery re-charged, this is not the case for you. In an enervating rather than energizing decision, the Board affirmed a Section 2(e)(1) refusal to register the mark DEC, finding it to be merely descriptive of "batteries deriving power from nuclear decay processes" and for related services. Applicant BetaBatt, Inc. conceded that DEC is an acronym for "direct energy conversion," and the Board found the phrase to be merely descriptive of the products and services and that relevant consumers would recognize the abbreviation. In re BetaBatt, Inc., Serial No. 77036122 (December 15, 2008) [precedential].Examining Attorney Michael S. Levy relied on various Internet articles and websites, and on an Acronym Finder entry identifying DEC as "Direct Energy Conversion...continue to full post

Full post as published by The TTABlog on December 29, 2008 (boomark / email).

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