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"GREEN CEMENT" Merely Descriptive of Environmentally-Friendly Cement Products, Says TTAB, Concretely

Observing that the the term "green" is "ubiquitously used as an adjective" to denote that a good or service is environmentally friendly, the Board affirmed a Section 2(e)(1) refusal to register the mark GREEN CEMENT, finding it to be merely descriptive of cement and cement-related products. In re Calera Corporation, Serial No. 77409087 (March 24, 2010) [not precedential].Examining Attorney Frank J. Latucca argued that "[applicant?s] goods are ... specifically made in a way that is more environmentally friendly than normal. ...[a]s such, the mark as a whole is clearly descriptive of the applicant?s goods-namely environmentally friendly cement." He pointed to Applicant Calera Corporation's response confirming that its goods are "produced using processes that emit low level carbon dioxide by-products as compared to standard processes" and "will be made in a way that reduces their carbon footprint...continue to full post

Full post as published by The TTABlog on March 31, 2010 (boomark / email).