Disclaimer
Applicant must disclaim the wording “SHAKE” because it merely describes an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods, and thus is an unregistrable component of the mark. See 15 U.S.C. §§1052(e)(1), 1056(a); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012) (quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); TMEP §§1213, 1213.03(a).
In this case, the term to be disclaimed identifies a characteristic or feature of the identified goods, namely, that they consist of and/or make a “beverage in which the ingredients are mixed by shaking”. (See attached entry from www.ahdictionary.com, as well as attached third party registrations in which the term to be disclaimed is treated as descriptive for related goods.)
