United States: TTABlog Test: How did these three simple description calls from section 2(e)(1) turn out?
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The TTAB recently ruled on appeals of the three section 2(e)(1) denials of simple description summarized below. Let’s see how you do with them. The answer will be in the first comment.
In re ProBody Scandinaviaserial number 87771075 (April 1, 2022) [not precedential] (Opinion of Judge Angela Lykos). [Mere descriptiveness refusal
of FASHIONSUPPORT for, inter
alia, compression garments, and compression socks for medical
or therapeutic use. Applicant contended that the proposed mark
“is suggestive in relation to the identified goods because the
juxtaposition of the two words requires the consumer to engage in
multi-step reasoning since ‘some degree of thought or
imagination is required to understand that Applicant’s goods
involve compression bandages or compression socks.'”]
In re Headspace Meditation Limitedserial number 79281613 (March 30, 2022) [not precedential] (Opinion of Judge Thomas Shaw). [Mere descriptiveness refusal
of SLEEPCAST for “Audio recordings
featuring fictional stories to be used for purposes of meditation,
relaxation and sleep-induction.” Applicant asserted that the
proposed mark is not merely descriptive because “[t]The SLEEPCAST trademark does not describe the recordings offered under the trademark with any degree of particularity,” pointing out that the evidence for the Examiner’s Sleep Podcast includes genres such as bedtime stories, meditation, science sleep, relaxing sounds, hypnosis and Bible stories.]
In re Biogena GmbH & Co.serial number 79285012 (March 7, 2022) [not precedential] (Review by Marc A. Bergsman). [Mere descriptiveness refusal of 3-SALT
ZINC for dietary supplements. Applicant argued that
the purchasing public is unaware of the technical meaning of the
term “salt,” and will perceive “salt” as being
“sodium chloride,” “even though there is no sodium
chloride in the zinc supplements. Therefore, the purchasing public
will have to exercise a multiple step reasoning process to decipher
the meaning of 3-SALT ZINC.”]
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