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"SPICE SHOT" Merely Descriptive of Ammunition, Says TTAB, Affirmingly

Brett W. Holm of Chaska, Minnesota, took a shot at registering the mark SPICE SHOT for "ammunition for firearms" [SHOT disclaimed], but he missed the target. The Board affirmed a Section 2(e)(1) refusal, finding the mark merely descriptive because the ammunition is comprised of spices formed into pellets (so that, according to his website, one may simultaneously shoot, kill, and season a bird). In re Holm, Serial No. 76661768 (July 30, 2008) [not precedential].Examining Attorney Anne Gustason relied on dictionary definitions of "spice" and "shot," and on Holm's own website, where he promotes a product called "Season Shot." One might say that Holm shot himself in the foot with statements like this:"Season Shot is made of tightly packed seasoning bound by a fully biogradable [sic] product...continue to full post

Full post as published by The TTABlog on August 14, 2008 (boomark / email).