Mark "Perfecting Serum" found not descriptive for skin moisturizer

Having a policing policy helped the owner of the mark “Perfecting Serum” for skin moisturizer overcome an examiner’s charge of mere descriptiveness. Because the owner was able to show that it had taken steps to prevent third parties from using the mark other than to identify the owner’s product, the Trademark Trial and Appeal Board reversed the refusal to register the mark. The Board also found that the term “perfecting” was not commonly understood by consumers as describing a quality or feature of skin moisturizer. This case reaffirms the need to have a strong policing policy for trademarks both prior to registration and post registration. 

Trackbacks (0) Links to blogs that reference this article Trackback URL
http://www.essentialnutritionlaw.com/admin/trackback/195918
Comments (1) Read through and enter the discussion with the form at the end
Buckie - April 15, 2011 8:35 PM

I'm not easily impressed. . . but that's ipmrsensig me! :)

Post A Comment / Question Use this form to send a comment to the editor. Please do not include any information that you or someone else considers to be confidential in nature. Without prior establishment of an attorney-client relationship, unsolicited messages containing confidential information cannot be protected from disclosure.







Remember personal info?