The Board reversed a Section 2(e)(1) refusal to register the mark INDICES, finding it not deceptively misdescriptive of "business analysis services in the field of healthcare data, namely, the collection, reporting and analysis of healthcare data for business purposes"]. In re Inovalon, Inc., Serial No. 85351975 [Section 2(e)(1) deceptive misdescriptiveness refusal of .The test for deceptive misdescriptiveness under Section 2(e)(1) has two parts: (1) the mark must misdescribe the goods or services, and (2) consumers must believe the misdescription. Unlike for a Section 2(a) deceptiveness refusal, the misdescription need not be material to the purchasing decisions of reasonably prudent consumers.The Examining Attorney argued that "companies providing informatics and data aggregation may present data in the form of 'indices;' that consumers encounter 'indices' in the analysis and presentation of large sets of data; that Applicant provides…
↧