Decisions · 87405233
In re Ocean Technology, Inc.
Serial No. 87405233 · Decided 2019-11-21 · Other
What happened
The Board also refused the companion crabmeat label that adds FROM NORTH AMERICA: like its sibling, the label’s words and realistic crab picture are purely informational and do not work as a trademark, and the required examiner inquiries went unanswered.
The marks
Applicant
ALL NATURAL 100% REAL CALLINECTES CRAB FROM NORTH AMERICA GOURMET CRABMEAT PASTEURIZED and design -- stylized wording "ALL NATURAL" above a crab design, "Gourmet" in stylized italicized font over the crab's right claw, "CRABMEAT" in stylized uppercase font inside a shaded banner beneath the crab, and "PASTEURIZED" along the bottom; to the right of the crab design a small label consisting of a stylized circular design and the wording "100% REAL Callinectes CRAB," under which appears separately "from NORTH AMERICA"; "CRAB" and "CRABMEAT" disclaimed; color not claimed
"Crabmeat" in International Class 29 (as amended; originally "crabmeat; package combinations consisting primarily of crabmeat; packaged entrees consisting primarily of crabmeat; prepared appetizers consisting primarily of crabmeat")
Why this decision is significant
Cluster companion — the same informational-matter and Rule 2.61(b) holdings applied to the variant label adding FROM NORTH AMERICA.
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.
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