1. “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.”
2. “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 in circumstances surrounding the mark, the market, or the relevant public.”
