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Precedential No. 1: TTAB Reverses Mere Descriptiveness Refusal of "SUGAR No. 11" For Futures Exchange Services and Finds Specimen of Use Acceptable

By John L. Welch

In its first precedential decision of 2008, and an unusually dull ruling at that, the Board reversed the PTO's Section 2(e)(1) refusals to register the marks SUGAR NO. 1 1 , SUGAR NO. 14, and COTTON NO. 2 [SUGAR and COTTON disclaimed], finding the marks not merely descriptive of "financial services, namely, futures exchange and related commodity trading services." In addition, the Board reversed the PTO's refusal of registration based on the ground that Applicant's specimens fail to show use of each mark in connection with the identified services. In re ICE Futures U.S., Inc., Serial Nos. 78199832, 78199843, and 78199848 (January 16, 2008) [precedential].Mere Descriptiveness: The PTO argued that the words SUGAR and COTTON identify the type of commodity being traded, and the wording NO...continue to full post

Full post as published by The TTABlog on January 29, 2008 (boomark / email).