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Trademark Valet

Decisions · 86409857

PrecedentialNotableNo later change on its docket

In re Heather Harley and Carolyn Jones

Serial No. 86409857 · Decided 2016-08-24 · Other

What happened

The Board refused registration of HEMP HOME HEALTH for home health care services because the applicants' appeal never addressed the actual descriptiveness-based refusals and an unanswered information request, instead arguing only about a hypothetical future issue that had never been formally refused.

The marks

Applicant

HEMP HOME HEALTH (standard characters; HOME HEALTH disclaimed)

"Home health care services" in International Class 44

Why this decision is significant

Precedential decision illustrating the appealability limits of advisory statements versus final refusals, and reinforcing that failure to brief the merits of a final refusal is itself grounds for affirmance.

Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.

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The original record

Read the opinion and every filing on the Board's own docket. The summary above is our paraphrase, not a quotation from the opinion. The opinion is the authority.

Open this case on TTABVUE, the Board's docket ↗


Who checked this

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Provenance — Generated from database rows without re-reading the opinion.

General information about how trademark law works. It is not legal advice about your situation, and reading it does not make anyone your lawyer.

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