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Test Your TTAB Judge-Ability: Is "LEMONADE" Merely Descriptive of Restaurant Services?

Flower Restaurant Group, Inc. applied to register the mark LEMONADE for ?restaurant services; catering; self service restaurants.? The Examining Attorney deemed the mark merely descriptive and refused registration under Section 2(e)(1), arguing that Applicant highlights lemonade as a ?house specialty.? Applicant contended that the mark is merely suggestive, evoking ?an earlier time in a consumer?s life, when she was a kid, when she was focused on having fun and (in retrospect), when life was easy.? How do you think this one came out? In re Flower Restaurant Group, Inc., Serial No. 77455669 (June 2, 2010) [precedential]The Examining Attorney pointed to Applicant?s website, which draws attention to its lemonade: ?Once you?ve filled your tray with quirky, mouthwatering morsels, pay up at the central stand, where you?ll select from the several varieties of the requisite lemonade...continue to full post

Full post as published by The TTABlog on June 22, 2010 (boomark / email).