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Precedential No. 38: Expert Testimony Alone Not Sufficient to Prove Mere Descriptiveness of "BEER 1" Marks

The Board dismissed this opposition to registration of the marks BEER 1; ONE BEER, BEER 1; and BEER 1 & Design (shown below) for beer [BEER and MMVII disclaimed], finding these marks to be neither merely descriptive nor deceptively misdescriptive under Section 2(e)(1). Opposer Anheuser-Busch relied primarily on the testimony of a linguistics expert, but the Board found that testimony to be insufficient, absent evidence as to how consumers perceive the marks. Anheuser-Busch, Incorporated v. Kelly J. Holt, Opposition No. 91180119 (September 16, 2009) [precedential].A-B's expert asserted that he had familiarized himself with the meaning of "descriptive" in a legal context, and stated that he used "standard analytic techniques" in the linguistic field in concluding that Applicant Holt's marks would be understood as being descriptive of the goods...continue to full post

Full post as published by The TTABlog on September 18, 2009 (boomark / email).