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WYHA? TTAB Affirms 2(e)(1) Mere Descriptiveness Refusal of "SENSOR DOME" for Kitchen Cooktops

Would you have appealed from this Section 2(e)(1) refusal? Examining Attorney David S. Miller deemed the mark SENSOR DOME merely descriptive of household and kitchen machines and equipment, including ovens, ranges, and cooktops. The Board affirmed in a brisk, 7-page opinion that relied largely on Applicant's own admissions during prosecution. In re BSH Home Appliances Corporation, Serial No. 77298376 (June 15, 2009) [not precedential].Examining Attorney Miller cited dictionary definitions of "sensor" and "dome" and third-party websites showing that "ovens, ranges and cooktops typically, if not always, have one or more temperature sensors and that such sensors may take a variety of shapes, including a domelike shape."If that weren't enough, Applicant BSH provided further ammunition when it responded to the PTO's Rule 2...continue to full post

Full post as published by The TTABlog on July 07, 2009 (boomark / email).