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TTAB Affirms 2(e)(1) Mere Descriptiveness Refusal of "ROUGE TOMATE" for Fruit and Vegetable Juices

How's your French holding up? Today we look at the Board's affirmance of a Section 2(e)(1) mere descriptiveness refusal of ROUGE TOMATE for various non-alcoholic beverages, including fruit and vegetable juices. The Examining Attorney maintained that the mark describes a feature, characteristics or ingredient of the goods because several vegetable drinks and juices are derived from red or ripened tomatoes. The Board affirmed, but on the ground that consumers who understand French will immediately understand the mark ROUGE TOMATE (or ?tomato red?) as describing the color of the identified juices. In re LE CHÂTEAU DE MA MERE, société anonyme, Serial No. 79975049 (September 3, 2010) [not precedential].Applicant asserted that the mark should properly be translated as "tomato red," and that "the shade [of color] conveyed by the mark is one connected with passion, pleasure and joy ? all of which are emotions applicant would like to conjure through use of the mark...continue to full post

Full post as published by The TTABlog on September 21, 2010 (boomark / email).