90881906•CareTaker Medical, LLC
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Mailed: August 7, 2026 UNITED STATES PATENT AND TRADEMARK OFFICE Trademark Trial and Appeal Board ———— In re CareTaker Medical, LLC ———— Serial No. 90881906 ———— Trevor P. Schmidt of Hutchison PLLC, for CareTaker Medical, LLC. Candace W. Hays, Trademark Examining Attorney, Law Office 110,1 Loksye Lee Riso, Managing Attorney. ———— Before Larkin, Lavache, and Bradley, Administrative Trademark Judges. Opinion by Lavache, Administrative Trademark Judge: Applicant, CareTaker Medical, LLC, seeks registration on the Supplemental Register of the proposed standard-character mark PULSE DECOMPOSITION ANALYSIS for the following goods: Patient monitoring sensors; medical devices, namely, patient monitors and patient sensors for monitoring and measuring physiological parameters; medical apparatus and instruments for wirelessly monitoring physiological parameters; medical apparatus and instruments for monitoring blood oxygen saturation, vital signs and 1 The application was reassigned from the original examining attorney to the above-named examining attorney during prosecution. In this opinion, we refer to both examining attorneys involved with the application as the Examining Attorney. THIS OPINION IS NOT A PRECEDENT OF THE TTAB
Serial No. 90881906 - 2 - respiratory events, and recorded software for recording, processing and transmitting medical data, for use therewith, sold as a unit, in International Class 10.2 Applicant originally sought registration on the Principal Register. However, the Trademark Examining Attorney refused registration of the proposed mark under Trademark Act Section 2(e)(1), 15 U.S.C. § 1052(e)(1), on the ground that it is merely descriptive of Applicant’s identified goods. When the Examining Attorney issued a final refusal on that ground, Applicant filed a request for reconsideration amending the application to seek registration on the Supplemental Register. The Examining Attorney then issued a new nonfinal Office Action, refusing registration on the Supplemental Register under Trademark Act Sections 23(c) and 45, 15 U.S.C. §§ 1091(c), 1127, on the ground that the mark is generic as applied to the identified goods.3 Once the new refusal was made final, Applicant appealed and filed 2 Application Serial No. 90881906, filed August 13, 2021, seeking registration on the Principal Register, based on an allegation of a bona fide intention to use the mark in commerce, under Trademark Act Section 1(b), 15 U.S.C. § 1051(b). On June 2, 2023, Applicant amended the application to allege use of the proposed make in commerce under Trademark Act Section 1(c), 15 U.S.C. § 1052(c), claiming April 2022 as both the date of first use anywhere and the date of first use in commerce. On the same day, Applicant amended the application to seek registration on the Supplemental Register. 3 December 24, 2023 Nonfinal Office Action at TSDR 2-6. While the new nonfinal Office Action did not explicitly say so, the new refusal under Sections 23(c) and 45 effectively replaced, and thus mooted, the initial Section 2(e)(1) refusal. See TRADEMARK MANUAL OF EXAMINING PROCEDURE § 714.05(a)(i) (May 2026) (indicating that, where an amendment to the Supplemental Register does not overcome a Section 2(e)(1) refusal, the examining attorney must issue a new nonfinal office action refusing registration and advising the applicant “that: (1) the amendment to the Supplemental Register is acceptable; (2) the [original] refusal is moot; and (3) if the applicant amends the application back to §1(b) in response to the new refusal, the amendment to the Supplemental Register must also be withdrawn and the original refusal will be reinstated or made final, as appropriate.”). Applicant and the Examining Attorney addressed only the issue of genericness in their briefs. Applicant’s Appeal Brief, 8 TTABVUE 5; Examining Attorney’s Brief, 10 TTABVUE 3.
Serial No. 90881906 - 3 - a request for reconsideration. The Examining Attorney denied the request, the appeal resumed, and both Applicant and the Examining Attorney have filed briefs.4 For the reasons explained below, we affirm the refusal to register the proposed mark. I. Relevant Law “Generic terms are common names that the relevant purchasing public understands primarily as describing the genus of goods or services being sold.” In re Dial-A-Mattress Operating Corp., 240 F.3d 1341, 1344 (Fed. Cir. 2011) (citations omitted). They are “by definition incapable of indicating source, are the antithesis of trademarks, and can never attain trademark status.” In re Merrill Lynch, Pierce, Fenner, & Smith, Inc., 828 F.2d 1567, 1569 (Fed. Cir. 1987). Accordingly, generic terms are ineligible for registration on either the Principal Register or Supplemental Register. See USPTO v. Booking.com B.V., 591 U.S. 549, 551 (2020) (“A generic name—the name of a class of products or services—is ineligible for federal trademark registration.”); In re Jasmin Larian, LLC, No. 87522459, 2022 TTAB LEXIS 99, at *44 (“Our finding that the proposed mark is generic is an absolute bar to its registration on either the Principal or Supplemental Register.”). Whether a proposed mark is generic rests on its primary significance to the relevant public. In re Am. Fertility Soc’y, 188 F.3d 1341, 1347 (Fed. Cir. 1999); Magic The Trademark Status and Document Retrieval (TSDR) and TTABVUE in this opinion refer respectively to the downloadable pdf. version of the electronic application file and to entries in the Board’s electronic docket and. For TTABVUE citations, the number preceding the TTABVUE designation is the docket entry number and any numbers following indicate the relevant page numbers within the docket entry. 4 Applicant’s Brief, 8 TTABVUE; Examining Attorney’s Brief, 10 TTABVUE.
Serial No. 90881906 - 4 - Wand Inc. v. RDB Inc., 940 F.2d 638, 640 (Fed. Cir. 1991). Making this determination “involves a two-step inquiry: First, what is the genus of goods or services at issue? Second, is the term sought to be registered . . . understood by the relevant public primarily to refer to that genus of goods or services?” H. Marvin Ginn Corp. v. Int’l Ass’n of Fire Chiefs, Inc., 782 F.2d 987, 990 (Fed. Cir. 1986). Importantly, to find genericness, the evidence need not show that the term at issue refers to a whole category of goods, i.e., the entire genus, because genericness may also be found if the term refers to a part or subcategory of the claimed genus of goods or a key aspect of them. See In re Cordua Rests., Inc., 823 F.3d 594, 605 (Fed. Cir. 2016). A. What is the Genus of the Goods at Issue? The first part of the genericness inquiry requires us to determine the genus of the goods at issue. Marvin Ginn, 782 F.2d at 990. Generally, because the identification of goods in an application defines the scope of rights that will be accorded the owner of any resulting registration under Section 7(b) of the Trademark Act, 15 U.S.C. § 1057(b), “a proper genericness inquiry focuses on the description of [goods or] services set forth in the [application or] certificate of registration.” Cordua, 823 F.3d at 602 (quoting Magic Wand, 940 F.2d at 640). Here, both Applicant and the Examining Attorney agree that the relevant genus is appropriately defined by the identification of goods:5 Patient monitoring sensors; medical devices, namely, patient monitors and patient sensors for monitoring and measuring physiological 5 Applicant’s Brief, 8 TTABVUE 6; Examining Attorney’s Brief, 10 TTABVUE 5.
Serial No. 90881906 - 5 - parameters; medical apparatus and instruments for wirelessly monitoring physiological parameters; medical apparatus and instruments for monitoring blood oxygen saturation, vital signs and respiratory events, and recorded software for recording, processing and transmitting medical data, for use therewith, sold as a unit. Applicant goes a bit further, distilling the genus to “patient monitoring sensors” or “patient monitors and patient sensors.”6 We find that the latter option, “patient monitors and patient sensors,” adequately specifies the relevant genus for purposes of our analysis. See Magic Wand, 940 F.2d at 640. B. Does the Relevant Public Understand PULSE DECOMPOSITION ANALYSIS to Primarily Refer to the Genus of the Identified Goods? Turning to the second part of the inquiry, we must initially define who the relevant public is. As the Examining Attorney correctly notes, the relevant public consists of the “consuming public for the identified goods.”7 See Magic Wand, 940 F.2d at 641 (“[T]he relevant public for a genericness determination is the purchasing or consuming public.”). According to the Examining Attorney, that means that the relevant public here “comprises health and medical professionals, because the goods consist of devices, apparatuses, and instruments for medical use.”8 Applicant similarly states that “the relevant public is likely to be medical doctors, and healthcare professionals who use Applicant’s patient monitoring sensors for the 6 Applicant’s Brief, 8 TTABVUE 6. 7 Examining Attorney’s Brief, 10 TTABVUE 5. 8 Id.
Serial No. 90881906 - 6 - delivery of patient care.”9 Based on the evidence of record discussed further below, we agree. Thus, the ultimate inquiry here is whether healthcare and medical professionals understand PULSE DECOMPOSITION ANALYSIS to refer to a class or category of “patient monitors and patient sensors,” or to a key aspect or subcategory of those goods. Loglan Inst. Inc. v. Logical Language Grp., Inc., 962 F.2d 1038, 1041 (Fed. Cir. 1992) (quoting Magic Wand, 940 F.2d at 641). Regarding that inquiry, “[e]vidence of the public’s understanding of the term may be obtained from any competent source, such as purchaser testimony, consumer surveys, listings in dictionaries, trade journals, newspapers and other publications.” Merrill Lynch, 828 F.2d at 1570; see also Cordua, 823 F.3d at 599. We may also consider Applicant’s own use of the term. See In re Empire Tech. Dev. LLC, No. 85876688, 2017 TTAB LEXIS 232, at *26-27, *64-65 (considering use of the relevant phrase “by both Applicant and the public” in determining that the phrase was generic). And when assessing what such evidence shows with respect to the public’s understanding of the mark, we must consider the mark as a whole. See In re Steelbuilding.com, 415 F.3d 1293, 1297 (Fed. Cir. 2005). Thus, “[e]ven if each of the constituent words in a combination mark is generic, the combination is not generic unless the entire formulation does not add any meaning to the otherwise generic mark.” Id.; see also Princeton Vanguard, LLC v. Frito-Lay North Am., Inc., 786 F.3d 960, 968 (Fed. Cir. 2015) (“Regardless of whether the mark is a compound term or a 9 Applicant’s Brief, 8 TTABVUE 7.
Serial No. 90881906 - 7 - phrase, the applicable test is the same and the Board must consider the record evidence of the public’s understanding of the mark as a whole.” (citing Am. Fertility Soc’y, 188 F.3d at 1348-49)). Here, Applicant’s amendment of the application to the Supplemental Register10 is an admission by Applicant that, as a whole, PULSE DECOMPOSITION ANALYSIS is, at a minimum, not inherently distinctive as applied to the identified goods. See, e.g., In re Clorox Co., 578 F.2d 305, 308 (CCPA 1978) (“[A]n application for Supplemental Registration of a particular term as an admission of descriptiveness.”). And Applicant expressly concedes that the proposed mark is at least merely descriptive, stating that it “serves to identify Applicant’s particular type of patient monitoring sensors or at most to describe a function or application of Applicant’s patient monitoring sensors.”11 But, because Applicant seeks registration on the Supplemental Register, we must go further to assess whether PULSE DECOMPOSITION ANALYSIS, as a whole, is capable of serving as a trademark for the goods. See Trademark Act Section 23(c), 15 U.S.C. § 1091(c) (indicating that “[f]or the purposes of registration on the supplemental register . . . [a] mark must be capable of distinguishing the applicant’s goods or services”). On that point, the Examining Attorney argues that the evidence of record shows that PULSE DECOMPOSITION ANALYSIS is generic, and thus is incapable of serving as a trademark for Applicant’s goods, because “the relevant public would 10 See June 2, 2023 Request for Reconsideration at TSDR 1. 11 Applicant’s Brief, 8 TTABVUE 7.
Serial No. 90881906 - 8 - understand this designation to refer primarily to the genus of goods [in that] it identifies the key aspect or feature of [the goods].”12 According to the Examining Attorney, that key aspect or feature is the measurement of blood pressure through a particular method of analyzing a patient’s pulse.13 In support, the Examining Attorney points to evidence establishing that the phrase “pulse decomposition analysis” refers to a method for analyzing a patient’s pulse waves to measure, inter alia, blood pressure and other vascular characteristics. For example:14 • An article from the SPIE Digital Library (spiedigitallibrary.org), titled “Blood Pressure Estimation using Sech Functions Pulse Decomposition,” explains that “[p]ulse decomposition analysis (PDA) is a non-invasive, cuffless, method to measure pulse transit time (PTT), which correlates with blood pressure.”15 • An article from the Applied Sciences journal, available at mdpi.com, states that “Pulse Decomposition Analysis (PDA) is a non-invasive method of measuring blood pressure without a cuff,” and explains that “[t]he pulse in PDA is a wave resulting from blood pressure and volume changes in the peripheral vasculature, and associated with one heartbeat.” According to the article, “[t]he pulse wave is usually measured non-invasively using a device called a photoplethysmograph,” which “is an optical device that measures light transmission, typically on a finger or earlobe.”16 12 Examining Attorney’s Brief, 10 TTABVUE 12. 13 See id. at 5-6. 14 In all the examples that follow, the emphasis on certain words and phrases is ours. We are not considering any of the cited examples for the truth of the statements they contain, but instead as evidence of the nature of the use of “pulse decomposition analysis” and thus how the relevant consumers of Applicant’s goods may perceive that phrase. See Merrill Lynch, 828 F.2d at 1570; Cordua, 823 F.3d at 599. 15 March 2, 2023 Final Office Action at TSDR 26. 16 Id. at 35.
Serial No. 90881906 - 9 - • A blog post on the website for Finapres Medical Systems (finapres.com) discusses “different methods for continuous non- invasive blood pressure measurement” and states that “[p]ulse decomposition analysis (PDA) uses a pulse contour analysis approach to quantify hemodynamic parameters such as blood pressure and arterial tone changes.”17 • An article published in the “2020 IEEE International Symposium on Circuits and Systems,” which is available on the IEEE Xplore website (ieeexplore.ieee.org), proposes a “weighted pulse decomposition analysis . . . for cuffless blood pressure assessment.” The article explains that “decomposition of the PPG pulse, called pulse decomposition analysis, is an alternative to realize hemodynamic state affected by aging and vessel stiffness and to estimate [blood pressure].”18 • An article originally published in the Computers in Biology and Medicine journal and available on the ScienceDirect website (sciencedirect.com) states that “[a]nalysis of pulse waveform is a low cost, non-invasive method for obtaining vital information related to the conditions of the cardiovascular system,” notes that “[i]n recent years different Pulse Decomposition Analysis (PDA) methods have been applied to disclose the pathological mechanisms of the pulse waveform,” and explains that “[a]ll these methods decompose single- period pulse waveform into a constant number . . . of individual waves.”19 • An article in the Journal of Hypertension, available at journals.lww.com, states that “[p]ulse decomposition analysis of photoplethysmography (PPG) signals can be used to estimate blood pressures.”20 • The PubMed website (pubmed.ncbi.nim.nih.gov), maintained by the National Center for Biotechnology Information at the National Library of Medicine, includes an article with the title “Respiratory Rate Derived from Pulse Photoplethysmographic Signal by Pulse Decomposition Analysis,” explaining how a patient’s respiratory rate may be determined by using a “pulse decomposition analysis 17 December 31, 2024 Subsequent Final Office Action at TSDR 16-29. 18 March 2, 2023 Final Office Action at TSDR 14-15. 19 Id. at 18-22. 20 Id. at 40-41.
Serial No. 90881906 - 10 - technique” to measure “morphological features of the PPG pulse that are known to be modulated by respiration.” The article states that “[p]ulse decomposition analysis (PDA) aims to improve the robustness of different morphological measurements of the PPG pulse,” and “consists of modeling the PPG pulse as a superposition of different waves under the hypothesis . . . that it is formed by a main wave superposed with several reflective waves.”21 • A chapter from The Handbook of Cuffless Blood Pressure Monitoring, with the title “Pulse Decomposition Analysis Techniques,” explains that “[p]ulse decomposition analysis (PDA) uses a pulse contour analysis approach to quantify hemodynamic parameters such as blood pressure and arterial tone changes,” “based on the concept that two central reflection sites are responsible for the shape of the pressure pulse envelope of the upper body.”22 The Examining Attorney has also provided evidence regarding the aspects and features of Applicant’s identified goods. For instance: • A patent, which Applicant claims to own,23 covers “[a]rterial pulse decomposition analysis for vital signs determination” and claims a “method of determining physiological life signs using a non-invasive plethysmograph having a heartbeat pulse sensor and a memory component . . . bringing a heartbeat pulse sensor . . . into contact with the surface of a patient’s skin at point proximate [to] an artery . . . [and] measuring . . . at least one of arterial blood vessel displacement and blood pressure changes.” The patent notes that “[w]ith regard to the breathing rate . . . pulse decomposition analysis is particularly suitable” because certain pulse intervals “are particularly susceptible to the blood pressure-modulating effects of respiration.” The patent also refers to a method of a claim by which “breathing rate is determined by pulse decomposition analysis.”24 • The same above-referenced chapter from The Handbook of Cuffless Blood Pressure Monitoring also refers to Applicant’s “CareTaker 21 Id. at TSDR 7-13. 22 May 24, 2022 Nonfinal Office Action at TSDR 6. 23 See Applicant’s Appeal Brief, 8 TTABVUE 8. 24 May 24, 2022 Nonfinal Office Action at TSDR 8-11.
Serial No. 90881906 - 11 - physiological monitor,” noting that it “utilizes PDA as its operational principle.”25 • An excerpt from Applicant’s Caretaker Medical website (caretakermedical.net) advertises a “low-pressure, disposable finger sensor [that] measures continuous pulse pressure waveforms for PDATM Algorithm Processing,” as well as “Pulse Decomposition Analysis TechnologyTM (PDA)TM” that “derives continuous hemodynamic parameters by analysing reflective pulsewave morphology within the arterial tree.”26 • Another excerpt from Applicant’s website indicates that “Pulse Decomposition Analysis (PDA) . . . is a physiological model that: Analyzes the pulse pressure waveform at 500 times per second[;] Isolates the individual central aortic pulses that give rise to the observed pulse shape[;] Reads central aortic measurements[,] therefore eliminating the effects of hydrostatic pressure[;] [and] Tracks vascular tone, central aortic pressure and advanced hemodynamics continuously.”27 • An article available on Applicant’s website explains that Applicant’s VitalStream physiological monitor measures “blood pressure, hemodynamics, heart rate and respiration” based on “the Pulse Decomposition Analysis (PDA) algorithm that analyzes the components of the arterial pressure envelope.”28 • A user manual for Applicant’s “Caretaker Platform” states that Applicant’s CT5 device “uses a proprietary algorithm called Pulse Decomposition Analysis to calculate . . . blood pressure readings.”29 Based on the record, including Applicant’s own materials, we find that PULSE DECOMPOSITION ANALYSIS, as a whole, has a specific meaning in the context of patient monitors and patient sensors. See, e.g., In re Gould Paper Corp., 834 F.2d 25 Id. at 6. 26 Id. at 12. 27 November 4, 2025 Denial of Request for Reconsideration at TSDR 16. 28 Id. at 5, 16. 29 Id. at 12, 14.
Serial No. 90881906 - 12 - 1017, 1018-19 (Fed. Cir. 1987) (affirming the Board’s finding that SCREENWIPE is generic based, in part, on applicant’s own generic use of the proposed mark); Empire Tech., 2017 TTAB LEXIS 232, at *64-65 (finding COFFEE FLOUR generic based on use of the phrase by “both Applicant and the public”). In simpler terms, the phrase refers to a way of measuring blood pressure and other vascular characteristics based on a patient’s pulse. The evidence, which includes technical articles and other materials directed to healthcare and medical professionals who may use sensors and monitors for measuring blood pressure, establishes that pulse decomposition analysis is utilized by some such sensors and monitors. Thus, as to those sensors and monitors, healthcare and medical professionals would recognize PULSE DECOMPOSITION ANALYSIS not as an indicator of source for the identified goods, but as identifier of a key aspect or subcategory of them. We therefore reject Applicant’s assertions that the proposed mark cannot be deemed generic because “[t]here is no evidence of record that shows ‘pulse decomposition analysis’ being used as the name of a patient sensor or medical device, and thus “[t]he record does not show that one could go to a medical supply store and ask to purchase a ‘pulse decomposition analysis’ or go to a hospital and ask that a ‘pulse decomposition analysis’ be brought into the room.”30 Nor are we persuaded by Applicant’s arguments that PULSE DECOMPOSITION ANALYSIS cannot be 30 Applicant’s Brief, 8 TTABVUE 7.
Serial No. 90881906 - 13 - generic because it refers only to “the method applied by Applicant”31 or “a function that can be applied to data collected by a sensor.”32 Applicant’s arguments rely on an unduly narrow application of the genericness standard. See In re PT Medisafe Techs., 134 F.4th 1368, 1375 (Fed. Cir. 2025) (noting that statutory genericness language “must be read expansively to encompass anything that has the potential but fails to serve as an indicator of source” (quoting Sunrise Jewelry Mfg. Corp. v. Fred S.A., 175 F.3d 1322, 1325-26 (Fed. Cir. 1999)). As the Examining Attorney points out, “[a]ny term that the relevant public understands to refer to a particular genus of goods and/or services is generic.”33 See In re 1800Mattress.com IP, LLC, 586 F.3d 1359, 1364 (Fed. Cir. 2009) (“[A]ny term that the relevant public understands to refer to the genus of ‘online retail store services in the field of mattresses, beds, and bedding” is generic.’). And, as already mentioned, that would include a term that identifies a key aspect or subcategory of the relevant genus. See Cordua, 823 at 605; In re Twenty-Two Desserts, LLC, No. 86586833, 2019 TTAB LEXIS 269, at *4 (“Any term that the relevant public uses or understands to refer to the genus of goods, or a key aspect or subcategory of the genus, is generic.”). Thus, Applicant’s arguments that the proposed mark identifies a method or function by which the sensors and monitors measure blood pressure are unavailing, because the evidence shows that that method or function is a key aspect of such goods and 31 Id. at 10. 32 Id. at 11. 33 Examining Attorney’s Brief, 10 TTABVUE 13.
Serial No. 90881906 - 14 - identifies a type of such goods. Therefore, returning to Applicant’s examples, we find it is more than plausible that a healthcare professional would use the phrase PULSE DECOMPOSITION ANALYSIS in a medical supply store or hospital to identify the subcategory or type of patient monitor or sensor the healthcare professional is seeking. We are also unpersuaded by Applicant’s argument that the evidence of record “include[s] multiple examples” of use of the proposed mark by Applicant or otherwise in connection with Applicant’s goods.34 We interpret this argument as suggesting that PULSE DECOMPOSITION ANALYSIS cannot be generic because it is used only by Applicant, or only in connection with Applicant’s goods. However, while evidence that a term is used by competitors, if it exists, may be relevant to a genericness analysis, it is not required where, as here, other evidence shows that consumers will understand the term to refer to the genus. Gould Paper, 834 F.2d at 1018-19 (affirming the Board’s genericness finding despite the absence of evidence of third- party use of the relevant term); Empire Tech., 2017 TTAB LEXIS 232, at *62-63 (“Applicant's current status as the only user of ‘coffee flour’ ‘does not justify registration if the only significance conveyed by the term is that of the category of goods.” (quoting In re Greenliant Sys., Ltd., No. 78724139, 2010 TTAB LEXIS 416, at *15)); cf. KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., 543 U.S. 111, 122 (2004) (noting “the undesirability of allowing anyone to obtain a complete monopoly on use of a descriptive term simply by grabbing it first.”). 34 Id. at 8-10.
Serial No. 90881906 - 15 - II. Conclusion We conclude that PULSE DECOMPOSITION ANALYSIS, as a whole, is generic because the evidence establishes that the relevant purchasers of patient monitors and patient sensors would readily understand the term to refer to a key aspect, subcategory, or type of such goods, namely, patient monitors and sensors that use a particular non-invasive method of measuring blood pressure and other vascular characteristics by analyzing the patient’s pulse. See, e.g., Royal Crown Co. v. Coca- Cola Co., 892 F.3d 1358, 1368 (Fed. Cir. 2018) (“[I]f the public understands ZERO when used in combination with a designated beverage name to refer to a sub-group or type of beverage that carries specific characteristics, that would be enough to render the term generic.”); In re Cent. Sprinkler Co., No. 74505190, 1998 TTAB LEXIS 386, at *14 (“[B]ecause the term ATTIC directly names the most important or central aspect or purpose of applicant’s goods, that is, that the sprinklers are used in attics, this term is generic . . . .”); cf. In re A La Vieille Russie Inc., No. 75609153, 2001 TTAB LEXIS 541, at *14 (finding RUSSIANART generic for particular type of art and thus also generic for dealership services involving that art). And, because PULSE DECOMPOSITION ANALYSIS identifies a key aspect, subcategory, or type of patient monitors and patient sensors, the term should remain “freely available for use by competitors” who offer the same type of goods. Cent. Sprinkler Co., 1998 TTAB LEXIS 386, at *14; see also In re Trek 2000 Int’l Ltd., No. 77099785, 2010 TTAB LEXIS 425 (“The protection of the public interest includes ensuring that sellers who must use a particular term to compete effectively can do so.”) (pinpoint citation unavailable).
Serial No. 90881906 - 16 - Decision: We affirm the refusal to register Applicant’s proposed mark PULSE DECOMPOSITION ANALYSIS on the Supplemental Register under Trademark Act Sections 23(c) and 45 because it is generic as applied to the identified goods.
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