Tuesday, January 28, 2014

TRADEMARKS - Data on TTAB appeals of descriptiveness findings

Here is Welch's analysis.

Starting with the Section 2(e)(1) mere descriptiveness refusals, the Board affirmed 126 out of 148, for an affirmance rate of 85.1 percent. 

Small number, but: 

Of the five refusals under Section 2(e)(2), geographical descriptiveness, only one was affirmed (NEWBRIDGE HOME). The four that were reversed were ASHBURN, ACHOUTTE, BLUE RIDGE, and KAPALUA. [Perhaps the PTO examining corps could use a refresher course on Section 2(e)(2)?] 

Read the whole thing.

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