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Tip from the TTABlog: Don't Use the Applied-For Mark Descriptively in the Identification of Goods

One should expect a Section 2(e)(1) descriptiveness refusal if one uses the applied-for mark in one's identification of goods, shouldn't one? Applicant epcSolutions, Inc. found out the answer to that question in In re epcSolutions, Inc., Serial No. 76675389 (May 1, 2009) [not precedential]. Applicant subsequently amended its i.d., but the damage had been done. That misstep, along with other evidence, led the Board to affirm a mere descriptiveness refusal of ASSET OVER INTERNET PROTOCOL for "computer network systems comprised of computer hardware and software for creating radio frequency identification tags for assets and tracking those same assets in transit" [INTERNET PROTOCOL disclaimed].The Board first found that "asset" merely describes a significant feature and purpose of Applicant's goods: hardware and software that track a company's physical assets...continue to full post

Full post as published by The TTABlog on May 14, 2009 (boomark / email).