ARTICLE
19 April 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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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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Gulf Breeze Treatment Center, LLC, Serial No. 88934988 (April 15, 2022) [not precedential] (Opinion by Judge David K. Heasley). [Mere descriptiveness refusal of TELERECOVERY (in standard characters) for addiction treatment services, namely, drug and alcohol addiction counseling." Applicant argued that the Examining Attorney improperly assumed that it offers its addiction counseling services by telephone, when "[i]n fact, the services are provided via online communication."]

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In re Gulf Breeze Treatment Center, LLC, Serial No. 88900074 (April 13, 2022) [not precedential] (Opinion by Judge David K. Heasley). [Mere descriptiveness refusal of TRAUMACARE (in standard characters) for "addiction treatment services; addiction treatment services, namely, alcohol addiction and chemical dependency treatment services; addiction treatment services, namely, substance abuse treatment services."Applicant asserted that "[t]he services to be provided under the mark will be limited to addiction treatment services, not to physical or psychological injuries. Therefore, the use of the term 'trauma' in the mark will only be suggestive."]

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In re Love And Pieces LLC, Serial No. 90163005 (April 11, 2022) [not precedential] (Opinion by Cynthia C. Lynch). [Mere descriptiveness refusal of BOAT ERASERS in standard characters for a "Cleaning Sponge to remove scuffs and marks." Applicant argued that "[l]ongstanding Board policy" provides that the term ERASER cannot be deemed descriptive.]

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