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WYHA? TTAB Affirms Mere Descriptiveness Refusal of "TITANIUM" for Kitchen Applicances

Would You Have Appealed this one? The USPTO refused registration of the mark TITANIUM for various kitchen appliances on the ground of mere descriptiveness under Section 2(e)(1). The Board affirmed in a seven-page opinion. In re BSH Home Appliances Corporation, Serial No. 77010429 (January 5, 2010) [not precedential].Examining Attorney Allison P. Schrody contended that "Titanium" is merely descriptive because it identifies "the color or type of metal finish applied to the goods." She supplied Internet printouts showing use of the term in connection with large kitchen appliances (e.g. "Thor Titanium Washer/Dryer").Applicant BSH ignored this evidence and lamely argued that TITANIUM is merely suggestive of the goods because the mark "requires imagination to reach any conclusion as to the nature of the goods...continue to full post

Full post as published by The TTABlog on January 11, 2010 (boomark / email).