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TTABlog 2(e)(1) Triple-Header: Mere Descriptiveness is Not a Guessing-Game!

Here are three darn good candidates for our WYHA collection. Each appeal involved a Section 2(e)(1) mere descriptiveness refusal, and each resulted in a TTAB affirmance. There?s a common thread to the arguments of the applicants, but it?s a losing thread. Would you have appealed in some, all, or any of these?In re David Michael & Co., Inc., Serial No. 77296898 (May 5, 2009) [not precedential] involved the mark SLICEABLE SALSA for ?individually wrapped portions of salsa? [SALSA disclaimed]. Applicant argued that the words, when combined, are ?incongruous? and ?inapposite.? The Board, however, opined that ?it would not take any leap of logic for consumers looking at the mark and the identification to conclude that that the 'individually wrapped portions of salsa' are probably sliceable in some form...continue to full post

Full post as published by The TTABlog on May 29, 2009 (boomark / email).