The Board affirmed a Section 2(e)(1) refusal of the proposed mark EQ LEARNING, finding it to be deceptively misdescriptive for employment counseling and related educational services.
The TTABlogger has once again chosen the ten (10) TTAB (Tee-Tee-Ā-Bee) decisions that he considers to be the most important and/or interesting from the previous calendar year (2021).
May 13 2021
In July 2019, Dolce Vita
Footwear Inc (Dolce Vita) filed two intent-to-use based trademark applications
with the US Patent and Trademark Office (USPTO) for the mark ‘CLEAR’ covering footwear,
various items of apparel, bags and related accessories in international Classes
18 and 25.
The USPTO’s examining attorney
initially refused registration of both applications on the ground that the
proposed mark was merely descriptive of the identified goods, relying in part
on the definition of ‘clear’ as “[e]asily seen through; transparent,” and
arguing that the word ‘clear’ is commonly used to describe a feature of such goods
that would be immediately understood by consumers from Dolce Vita’s proposed