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Bottom line: The Board found Healthy fryer is not descriptive or misdescriptive with respect to fryers.

The applicant sought registration of Healthy fryer in standard character for fryers in Class 11, for which the examiner raised an objection that the mark merely describes the quality of goods as it refers to a fryer capable of cutting down fat, salt or oil in the course of cooking.  And the mark is misdescriptive for fryers without such capability.

The Board found the applied-for mark is unified as a whole.  “Healthy” means having good health and “fryer” is a kind of cooking utensils.  The applied-for mark as a whole means fryer having good health, which does not particularly describe specific quality of goods.  The Board could not find that “healthy fryer” is commonly used to refer to such quality of goods in the relevant industry.

Accordingly, the Board found Healthy fryer is not descriptive or misdescriptive.

And so the Board reversed the examiner’s refusal.