Test Your TTAB Judge-Ability on these Four Mere Descriptiveness Appeals

Here are four recent appeals from mere descriptiveness refusals under Section 2(e)(1). Let's see how you do with them, keeping in mind that, by my estimation, the Board affirms more than 80% of these refusals. [Answers in first comment].


In re Starkist Co,, Serial No. 85765644 (September 23, 2014) [not precedential]. [Mere descriptiveness refusal of INTERNATIONAL SELECTS for "seafood"].

In re Internet Promise Group LLC, Serial No. 85637772 (October 9, 2014) [not precedential]. [Mere descriptiveness refusal of STEP BREATHING for "Instructing others in a specific breathing technique, specifically, instructions in successive short inhalation and holding breath steps and then exhalation to enhance life force energy in the human body as part of teaching Yoga practice"].

In re Birds Eye Foods LLC, Serial Nos. 85729804 and 85729823 (October 14, 2014) [not precedential]. [Mere descriptiveness refusal of SAVORY SKILLETS and requirement for disclaimer of SAVORY SKILLETS in the mark BIRDS EYE SAVORY SKILLETS, both for frozen entrees].

In re DM CTW, LLC, Serial No. 85746575 (October 16, 2014) [not precedential]. [Mere descriptiveness refusal of THE BEST APP TO DATE for "Downloadable software applications for mobile telecommunications devices and handheld computing devices for organizing personal relationships and dating, for providing coupons, rebates, discounts, vouchers or special offerings on goods and services from participating merchants and for receiving information on events, activities and attractions"].

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TTABlog note: See any WYHAs here?

Text Copyright John L. Welch 2014.