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TTAB Reverses Mere Descriptiveness Refusal of "PETIT-PETITE" for Wine

By John L. Welch

Finding that the PTO had failed to carry its burden to show the mark PETIT-PETITE to be merely descriptive of wine, the Board reversed a 2(e)(1) refusal. In re Phillips Farms, LLC, Serial No. 78669171 (March 26, 2008) [not precedential].Syrah grapesThe PTO first squashed Applicant's argument that the case was not ripe for appeal: the subject application was filed under Section (1)(b) and, since a specimen of use had not yet been filed, the PTO incorrectly "conducted a preliminary review and found that the mark PETIT-PETITE is descriptive for wine, all wines, in all market conditions, absent the realities of the mark used in commerce." Applicant cited no authority for that proposition and the Board found none.The Examining Attorney relied on a translation showing that "petit" is the French word for "petite," and on a handful of Internet references in which the words "petit" or "petite" appear in connection with wine or grapes...continue to full post

Full post as published by The TTABlog on April 08, 2008 (boomark / email).