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"CHED 'R' WEDGES" Merely Descriptive of Pet Treats, Says TTAB

WYHA? Would you have appealed this one? The PTO refused to register the mark CHED 'R' WEDGES for "pet food; pet treats," finding the mark merely descriptive under Section 2(e)(1). What argument could you come up with on appeal? In In re Midwestern Pet Foods, Inc., Serial No. 78876346 (January 30, 2009) [not precedential], Applicant gave it a shot but was barking up the wrong tree.Examining Attorney Jean H. Im maintained that "CHED 'R' is the equivalent to the word 'cheddar' in both sound and meaning, and describes the flavor of the goods." Moreover, pet food and treats "may be wedge-shaped." She concluded, rather logically, that "the two items combined as a unitary mark convey the commercial impression of pet food and pet treats that are cheddar flavored and wedge-shaped, or put another way, are cheddar flavored wedges...continue to full post

Full post as published by The TTABlog on February 06, 2009 (boomark / email).