Tuesday, November 26, 2013

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In re Micro Interventional Devices, Inc., Serial No. 85446955 (November 15, 2013) [not precedential].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In re Société des Produits Nestlé S.A., Serial No. 85509120 (November 18, 2013) [not precedential].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In re Motion Fitness, Serial No. 85627683 (November 19, 2013) [not precedential].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"].

Read comments and post your comment here.

TTABlog note:  Well, how did you do, kids? See any WYHAs here?

Text Copyright John L. Welch 2013.


At 8:49 AM, Anonymous Anonymous said...

I selected the right one! I kid you not!

At 9:29 AM, Anonymous Anonymous said...

Got it! Happy Thanksgiving.

At 4:07 PM, Anonymous Anonymous said...

I am a long-term reader of your excellent blog, but I cannot for the life of me understand why you do not post the answers to your frequent tests. It seems you expect your readers to look up the original cases. I suspect few attorneys have the time for that - that's why we read a blog! I am interested in seeing what other commenters think.

At 8:02 PM, Anonymous John L. Welch said...

Thank you for your comment. Let me make several observations in response. First, I usually give a hint of the correct answer in the note or comment at the bottom of the posting (i.e., here "kids"). Second, you don't have to look up the cases - you can just click on the case name and go to the last page of the pdf. At most you would have to do that twice here, and maybe only once. Third, some people prefer not to have the answer in the posting (e.g., some law classes, and others who share the guessing game with colleagues). That being said, I will consider putting the answer in the first comment (i.e., not at the end of the posting, but on the comment page). In any case, thanks for reading.


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