Test Your TTAB Judge-Ability: Which One Of These Three Mere Descriptiveness Refusals Was Reversed?
By my estimation, some 80-85% of all Section 2(e)(1) mere descriptiveness refusals that reach the TTAB are affirmed on appeal. Well, here are three appeals that were just decided. One was reversed. Which one, pray tell?
In re Micro Interventional Devices, Inc., Serial No. 85446955 (November 15, 2013) [not precedential]. [Mere descritiveness refusal of MICRO INTERVENTIONAL DEVICES for "medical, surgical implants made of artificial material" [DEVICES disclaimed].
In re Société des Produits Nestlé S.A., Serial No. 85509120 (November 18, 2013) [not precedential]. [Mere descriptiveness refusal of KID SELECTS for various food items, including drinking yogurts, cereal, and fruit juices].
In re Motion Fitness, Serial No. 85627683 (November 19, 2013) [not precedential]. [Mere descriptiveness refusal of ACTIVE GAMING for "educational services, namely, conducting programs in the field of health and fitness"].
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TTABlog note: Well, how did you do, kids? See any WYHAs here?
Text Copyright John L. Welch 2013.