I.
Whether
the
Federal
Circuit
test
impermissibly categorizes "descriptive" marks
as unprotectable "generic" marks, on the basis
of the mark describing the article of trade, its
qualities, ingredients, or characteristics.

II.
Whether the Trademark Trial and Appeal
Board impermissibly ignored their holdings in
prior registration, which had been litigated ex
parte before registering to
the principal
register, when there is no evidence of changes
market, or the relevant public.

Whether the Federal Circuit test impermissibly categorizes 'descriptive' marks as unprotectable 'generic' marks, on the basis of the mark describing the article of trade, its qualities, ingredients, or characteristics