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No.172; Section 3-1-3: descriptiveness refusal;
BABY-DRY for disposable babies' diapers, etc.;

Appeal No. 2015-16017 (March 23, 2016)

Bottom line: The Board found BABY-DRY is not descriptive for disposable babies' diapers, etc.

The applicant sought registration of BABY-DRY designating disposable babies' diapers, etc. in Class 5 and handkerchiefs of paper, etc. in Class 16.

The examiner refused to register the mark because the applied-for mark merely indicates that the goods are dry and for babies, and when used for the designated goods, it does not function as a source identifier.

The Board reviewed the case and found as follows.  Each word of the applied-for mark has specific meaning, but the combination thereof does not have a particular meaning or indication of the quality of goods.  And, the Board did not find descriptive use of the applied-for mark in connection with the designated goods.

Accordingly, the Board found BABY-DRY is not descriptive and reversed the examiner’s refusal.

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