For nearly a century, Wolf Greenfield has helped clients protect their most valuable intellectual property. The firm offers a full range of IP services, including patent prosecution and litigation; post-grant proceedings, including IPRs; opinions and strategic counseling; licensing; intellectual property audits and due diligence; trademark and copyright prosecution and litigation; and other issues related to the commercialization of intellectual property.
I have again reviewed the TTAB's FOIA page in order to estimate the percentage of Section 2(e)(1) mere descriptiveness refusals that were affirmed by the Board during the last calendar year (2019).
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I have again reviewed the TTAB's FOIA page in order to estimate the percentage
of Section 2(e)(1) mere descriptiveness refusals that were affirmed
by the Board during the last calendar year (2019). I counted 66
refusals, of which 62 were affirmed and 4 reversed. That's an
affirmance rate of 93.93%. [A jump from last year's 90%
rate].
Not one of the mere descriptiveness reversals was precedential.
The four reversals involved the marks: FUR FREE
FUR, CYBERINC, COMPANION CARE SOLUTIONS, and SMOKEY
(disclaimer requirement). The FUR FREE FUR case was
TTABloggedhere.
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In 2019, How Often Did The TTAB Affirm Section 2(E)(1) Mere Descriptiveness Refusals?
United StatesIntellectual Property
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For nearly a century, Wolf Greenfield has helped clients protect their most valuable intellectual property. The firm offers a full range of IP services, including patent prosecution and litigation; post-grant proceedings, including IPRs; opinions and strategic counseling; licensing; intellectual property audits and due diligence; trademark and copyright prosecution and litigation; and other issues related to the commercialization of intellectual property.
