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"ILEX" Not Deceptive or Deceptively Misdescriptive for Medicated Skin Paste, Says TTAB

The Board reversed two refusals to register the mark ILEX, finding it not deceptive for (Section 2(a)) and not deceptively misdescriptive of (Section 2(e)(1)) "medicated skin care preparations, namely, skin paste for use by ostomy patients to protect the stomal region of the body and medicated skin paste for the treatment of diaper rash." In re Medcon Products, Inc., Serial No. 76476330 (March 26, 2010) [not precedential].The Examining Attorney contended that "ilex" is a plant of the holly genus, that ingredients derived from ilex plants are commonly found in skin care preparations, that Applicant's products do not contain ingredients derived from ilex, and that consumers are likely to buy Applicant's products with the mistaken belief that they do contain ilex ingredients...continue to full post

Full post as published by The TTABlog on April 05, 2010 (boomark / email).