ARTICLE
11 August 2022

TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?

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Wolf, Greenfield & Sacks, P.C.

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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.
Last week, the TTAB ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. Let's see how you do with them. Results will be found in the first comment.
United States Intellectual Property

Last week, the TTAB ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. Let's see how you do with them. Results will be found in the first comment.

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In re Eric Fessell, Serial No. 90263552 (August 4, 2022) [not precedential] (Opinion by Judge Elizabeth A. Dunn). [Mere descriptiveness refusal of MOTHER NATURE for books featuring a fictional hero, namely, Mother Nature (class 16); clothing (Class 25); and videos and animations of the fictional character, Mother Nature (Class 41).]

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In re MVN Entertainment L.P., Serial No. 90047473 (August 4, 2022) [not precedential] (Opinion by Judge Frances S. Wolfson). [Mere descriptiveness refusal of POWER PONY for "Ride on toys and accessories therefor; Rideable toy vehicles; Ride on toys having a seating portion removably attached to an electrically powered wheeled device."]

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In re Brumis Imports, Inc., Serial No. 90174988 (August 5, 2022) [not precedential] (Opinion by Peter W. Cataldo). [Mere descriptiveness refusal of KTCHN. for kitchen knives and cutlery (Class 8) and for cookware, storage containers, kitchen tools, and the like (Class 9).]

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