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"HEALTHY HOME VACUUM" Not Merely Descriptive For Vacuum Cleaners, Says TTAB

The Board dismissed this Section 2(e)(1) opposition to registration of the mark HEALTHY HOME VACUUM, finding it not merely descriptive of vacuum cleaners [VACUUM disclaimed]. The Board concluded that the mark "does not, in any clear or precise way, serve to immediately describe a particular characteristic or feature of the goods with any degree of particularity." Oreck Holdings, LLC v. Bissell Homecare, Inc., Opposition No. 91173831 (February 16, 2010) [not precedential].The Board first resolved a few evidentiary skirmishes, the most interesting involving several third-party registrations attached to Bissell's main brief. Oreck objected as to their timeliness, but Bissell argued that the registrations had been submitted during prosecution and were therefore part of the record pursuant to Trademark Rule 2...continue to full post

Full post as published by The TTABlog on February 18, 2010 (boomark / email).