In 2017, How Often Did the TTAB Affirm Section 2(e)(1) Mere Descriptiveness Refusals?

I have reviewed the TTAB's FOIA page in an attempt to estimate the percentage of Section 2(e)(1) mere descriptiveness refusals that were affirmed by the Board during the last calendar year (2017). I counted 107 refusals, of which 95 were affirmed and 12 reversed. That's an affirmance rate of about 89%. So the odds are almost 9 out of 10 for affirmance. [Slightly lower than last year's 90% rate, but then this is not an exact science].Three of the mere descriptiveness cases were precedential.In re Calphalon Corp., 122 USPQ2d 1153 (TTAB 2017) [TTABlogged here].[The Board affirmed a Section 2(e)(1) refusal to register the mark SHARPIN, in standard character form, finding it merely descriptive of "cutlery knife blocks which incorporate built-in sharpeners that automatically sharpen knives." Applicant Calphalon asserted that the examining attorney had failed to enter its amendment of the mark to the special form "SharpIN" and instead…

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