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TTAB No-Brainer? "BRAIN STATE CONDITIONING" Merely Descriptive of Neurofeedback Training

The Board wasted little brainpower in affirming a Section 2(e)(1) refusal to register the mark BRAIN STATE CONDITIONING, finding it merely descriptive of "training services in the field of neurofeedback." In re Brain State Technologies, L.L.C., Serial No. 77092018 (January 21, 2008) [not precedential].Examining Attorney Angela Gaw relied on various technical articles, two patents, and several dictionary entries in maintaining that "[b]ecause the Applicant's services measure the present condition of the user's brainwave activity or a fluctuating situation due to an external stimulus, the term [BRAIN STATE CONDITIONING] is merely descriptive of neurofeedback services."Applicant Brain State Technologies contended that the PTO's evidence "was in the nature of scholarly works" and so did not show how relevant purchasers would perceive the phrase...continue to full post

Full post as published by The TTABlog on February 09, 2009 (boomark / email).