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TTAB Affirms Refusal of "MTS TESTSUITE" - Applicant Failed to Comply with Disclaimer Requirement

Applicant MTS Systems put up a good battle but lost this disclaimer war. The Board affirmed a refusal to register the mark MTS TESTSUITE under Section 6(a) because MTS refused to disclaim the term "TESTSUITE." The Examining Attorney maintained that TESTSUITE is merely descriptive for MTS's goods: software for controlling equipment, which software "performs data analysis and generates reports about a physical specimen." The Board agreed, not because of the Examining Attorney's evidence but because of its own. In re MTS Systems Corporation, Serial No. 77702458 (December 6, 2010) [not precedential].The Examining Attorney relied on website excerperts and a Wikipedia entry, in which "test suite" appears descriptively in connection with software used to test other computer programs...continue to full post

Full post as published by The TTABlog on December 23, 2010 (boomark / email).