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TTAB Chops Down Evasive "SILVER BIRCH" Applicant with Three Well-Aimed Strokes

Victoria Principal Productions, Inc. was seeking to register the mark SILVER BIRCH for skin and body preparations, but it refused to give a direct response to Examining Attorney John Dwyer's request for information that would "make clear whether the goods will contain silver birch as an ingredient." The PTO refused registration on three grounds: failure to comply with the Rule 2.61(b) request for information, Section 2(e)(1) mere descriptiveness, or alternatively, Section 2(a) deceptiveness. The Board, obviously annoyed at Applicant's antics, barked out its affirmance of all three registrations In re Victoria Principal Productions, Inc., Serial No. 78245283 (March 25, 2009) [not precedential].Betula PendulaSection 2.61(b) Request for Information: Applicant VPPI's weaselly response to the PTO's request suggested to the Board that "applicant is being evasive because it fears that a totally truthful response might well support the statutory refusals ...continue to full post

Full post as published by The TTABlog on April 16, 2009 (boomark / email).