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TTABlog WYHA? TTAB Affirms Descriptivness Refusal of "SILICON ULTRASOUND" for Ultrasound Devices Utilizing ... Guess What?

After you read this decision ask yourself the question: Would You Have Appealed? Applicant Siemens sought to register the mark SILICON ULTRASOUND for "ultrasound devices, namely, medical ultrasound apparatus, ultrasound transducers made out of silicon wafer." Examining Attorney David Yontef deemed the mark merely descriptive under Section 2(e)(1). The Board found his conclusion ultra sound. In re Siemens Medical Solutions USA, Inc., Serial No. 78974960 (April 24, 2009) [not precedential].The record revealed that ultrasound equipment can be made using silicon, that Siemens' goods employ silicon, that silicon is not an "incidental component" of Siemens' goods, and indeed that "silicon in ultrasound transducers is central to a new generation of ultrasonic imaging technology...continue to full post

Full post as published by The TTABlog on May 12, 2009 (boomark / email).