Case: Trademarks/Descriptiveness (T.T.A.B.)

The Trademark Trial and Appeal Board refuses to register Omniome Inc.'s proposed mark “Sequencing by Binding” on the grounds that it is merely descriptive. Omniome sought to register the mark for reagents for analysis of biological analytes, research laboratory analyzers for analysis of biological analytes for non-medical purposes, devices for analysis of biological analytes for medical purposes, and analysis of biological analytes. The board rejects Omniome’s claim that its proposed mark is suggestive, and finds instead that “Sequencing by Binding” immediately describes the function and purpose of its goods and services. In the phrase “Sequencing by BInding,” each of the ...