Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

Applicant's Policing Efforts Lead to TTAB Reversal of Mere Descriptiveness Refusal of "PERFECTING SERUM" For Skin Moisturizer

Giving the benefit of the doubt to the Applicant, as required, the Board reversed a Section 2(e)(1) refusal to register the mark PERFECTING SERUM, finding it not merely descriptive of "skin moisturizer" [SERUM disclaimed]. Applicant Murad countered the Examining Attorney's third-party user evidence by showing that, through its enforcement efforts, all but two had stopped using the term or were actually selling Applicant's product. In re Murad, Inc., Serial No. 77556539 (February 4, 2010) [not precedential].The Examining Attorney relied on dictionary definitions of "perfecting" and "serum," and on several third-party uses of the applied-for phrase. She argued that, even though some third-party users have stopped, that evidence is still relevant because "consumers have been extensively exposed to those advertisements...continue to full post

Full post as published by The TTABlog on February 17, 2010 (boomark / email).