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"ORCHID CREAM VANILLA" Merely Descriptive of Snowball Flavor Concentrate, Says TTAB

In this modern day Battle of New Orleans, the TTAB granted a petition for cancellation of a registration for the mark mark ORCHID CREAM VANILLA, finding the mark to be merely descriptive of "flavoring concentrate for non-nutritional purposes, namely, flavoring concentrate for shaved ice confections" [CREAM VANILLA disclaimed]. The Board declined to reach the alternative ground of genericness. Southern Snow Manufacturing, Inc. v. Snowizard Holdings, Inc., Cancellation No. 92044522 (December 10, 2009) [not precedential].For those of us who think that a snowball is something to be hurled at a sibling's head, Judge Bucher offers this description:"A snowball, when it is prepared correctly, is a perfect blend of not only syrup and ice but art and science as well...continue to full post

Full post as published by The TTABlog on December 11, 2009 (boomark / email).