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Precedential No. 35: Bad Specimen of Use and Mere Descriptiveness Sink THERMAL MATRIX for Dental Appliance Liner

In a soporific but precedential decision, the Board affirmed two of three refusals of the proposed mark THERMAL MATRIX for a "Heat responsive and malleable liner that is an integral component of an oral dental appliance used in the mouth and worn over the teeth of an individual while sleeping to reduce the effects of snoring and sleep apnea" [THERMAL disclaimed]. The Board found the mark to be merely descriptive of the goods, and further found that the specimen of use (immediately below) does not show the mark in use in connection with applicant's liners. However, the Board overturned the third refusal, concluding that the mark as depicted in the application drawing (i.e., THERMAL MATRIX) is a substantially exact representation of the mark as actually used...continue to full post

Full post as published by The TTABlog on October 23, 2020 (boomark / email).