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

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



In re UDP Labs, Inc., Serial No. 88573702 (September 8, 2021) [not precedential] (Opinion by Judge Peter W. Cataldo). [Mere descriptiveness refusal of BED METRICS (in standard characters, METRICS disclaimed) for "Computer hardware; downloadable computer software for the collection, processing, analysis, measuring, monitoring, tracking and distribution of biometric data; electronic sensors for monitoring movement, respiration, and heart rate," and "Software as a Service (SaaS) services featuring software for the collection, processing, analysis, measuring, monitoring, tracking and distribution of biometric data." Applicant conceded that the mark "is immediately descriptive of goods or services that measure a bed," but it argued that the mark "does not tell the user the goods collect biometric data from a person, analyze it and provide health recommendations."]

In re Deirdre C. Glascoe, Serial No. 88374879 (September 13, 2021) [not precedential] (Opinion by Judge Cynthia C. Lynch). [Mere descriptiveness refusal of SCIENTIFIC STUDY OF GOD in standard characters for “Scientific research." Applicant maintained that the proposed mark "is not about humans studying GOD, it’s about GOD studying human behavior, encoding His study results in His logo – the mark, SCIENTIFIC STUDY OF GOD…."]

 

In re DRYPZ, LLC, Serial No. 88711363 (September 13, 2021) [not precedential] (Opinion by Judge Thomas Shaw). [Mere descriptiveness refusal of DRYPZ, in standard characters, for "Therapeutic services, namely, intravenous hydration therapy, intravenous electrolyte replacement therapy, intravenous vitamin infusion therapy, intravenous hangover alleviation therapy, intravenous amino acid therapy, intravenous micronutrient therapy, intramuscular vitamin therapy, lipotropic injection therapy, oxygen therapy, wellness treatments in the nature of therapeutic intravenous drip services and booster shots." Applicant argued that the proposed mark "is suggestive because DRYPZ “could involve several different products or services, such as plumbing, coffee shops, irrigations systems, and fashion."]

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TTABlog comment: How did you do? See any WYHAs here? P.S.: No, that is not a drawing of Rudy Giuliani.

Text Copyright John L. Welch 2021.

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