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TTAB Affirms Refusal of BENCH VAC for Vacuum Cleaners Due to Applicant's Failure to Comply with Request for Information

In this oddball case, the Board affirmed a refusal to register the mark BENCH VAC for "vacuum cleaners" because Applicant failed to comply with a Rule 2.61(b) requirement that it provide information about the goods. However, the Board reversed a Section 2(e)(1) mere descriptiveness refusal because the Examining Attorney's evidence (two dictionary definitions) was insufficient. In re Shop Vac Corporation, Serial No. 77542156 (February 28, 2011) [not precedential].Mere descriptiveness: The Examining Attorney contended that because Applicant did not respond to his request for information, "it is reasonable to infer" that the goods comprise vacuum cleaners for use in connection with a worktable or bench.Not so fast, said the Board. It is inappropriate for an Examining Attorney to speculate about the goods in an ITU application...continue to full post

Full post as published by The TTABlog on March 11, 2011 (boomark / email).