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Trademark Valet

Decisions · 87209946

PrecedentialNotableNo later change on its docket

In re Mueller Sports Medicine, Inc.

Serial No. 87209946 · Decided 2018-05-16 · Other

What happened

The Board upheld the refusal to register RECOIL for medical and athletic cohesive tape, finding the word merely describes the tape’s ability to stretch and spring back to its original shape.

The marks

Applicant

RECOIL

"Tape and taping supplies for medical purposes, namely, medical cohesive tape," in International Class 5; "Tape and taping supplies for athletic purposes, namely, athletic cohesive tape," in International Class 28

Why this decision is significant

Precedential decision primarily notable for its evidentiary holding creating a mutual, timely-objection requirement for examining attorneys submitting noncompliant Internet evidence in ex parte cases; the descriptiveness finding itself applies well-settled law to straightforward facts.

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.

Related decisions

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.

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