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"SKINNY CEREAL" Merely Descriptive of Cereal Products, Says TTAB

Peace Mountain Natural Beverages, owner of the registered marks SKINNY WATER, SKINNY JUICE, SKINNY COLA, SKINNY TEA, SKINNY CAPS, and SKINNY SHAKE [each with the second word disclaimed], failed to fatten its trademark portfolio with registration of its mark SKINNY CEREAL for "nutriceuticals for use as a dietary supplement in the form of cereal products and cereal-based snack foods" and for "breakfast cereal, snack food, namely, cereal based snack food, processed cereal-derived food products to be used as a breakfast cereal, snack food or ingredient for making food." The Board affirmed a refusal to register under Section 2(e)(1), finding the mark merely descriptive of the goods. In re Peace Mountain Natural Beverages Corp., Serial No. 77326673 (June 30, 2009) [not precedential]...continue to full post

Full post as published by The TTABlog on July 21, 2009 (boomark / email).