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TTAB Greenlights Boehringer's 'Breathless' Trademark

Law360, New York (November 28, 2017, 6:06 PM EST) -- The Trademark Trial and Appeal Board on Monday ruled that drugmaker Boehringer Ingelheim Pharmaceuticals Inc. can register “breathless” as a trademark for promoting awareness about a rare fatal lung disorder, overturning an examining attorney’s refusal.

An examiner at the U.S. Patent and Trademark Office ruled last year that the term was merely descriptive of the awareness campaign for idiopathic pulmonary fibrosis that Boehringer uses the name to advertise, but the board said that the term did not directly identify those services.

“The evidence fails to demonstrate...
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