Category Archives: TTAB Decisions

Specimen Showing Display of a Trademark on a Door Insufficient to Show Use of a Service Mark

On February 23, 2017, in a non-precedential opinion, the TTAB affirmed a PTO refusal of Republic National LLC’s service mark based upon the failure of its specimen to demonstrate use in connection with the covered services.

Republic sought to register the REPUBLIC NATIONAL mark for a variety of real estate investment services.  As specimens, Republic National submitted two digital photographs of the front door of the facility where it provides its services. Continue reading

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TEQUILA Can Be Registered As a Certification Mark

On January 23, 2017, the TTAB dismissed Luxco, Inc.’s opposition to the registration of TEQUILA as a certification mark.

Trademark applicant Consejo Regulador del Tequila, A.C. is a Mexican industry group and is the only body accredited by the Mexican government to evaluate the Mexican Official Standards governing tequila. Since 2003, it has sought to register TEQUILA as a geographic certification mark to ensure that what is sold in the United States as Tequila adheres to the official Mexican standards.  Continue reading

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Little Caesars Fails To Prove Acquired Distinctiveness For DEEP!DEEP! DISH PIZZA Mark

The TTAB recently held that trademark applicants may rely on the “family of marks” doctrine to prove acquired distinctiveness for descriptive marks, but that LC Trademarks, Inc. had failed to establish acquired distinctiveness for its DEEP!DEEP! DISH PIZZA mark.

LC sought registration of its DEEP!DEEP! DISH PIZZA mark on the basis of Section 2(f), thereby conceding the mark’s descriptiveness.  Nevertheless, LC argued that its burden to establish acquired distinctiveness should be lower because DEEP!DEEP! DISH PIZZA is a unitary phrase that creates a commercial impression distinct from its individual component terms.  In particular, LC argued that the repetition of the word DEEP! creates a different commercial impression than the single word DEEP.  The Board disagreed, finding that the repetition served only as an intensifier, underscoring the highly descriptive nature of the term.  The Board’s decision was supported by numerous webpages submitted by the Examining Attorney demonstrating that “deep dish pizza” is a recognized type of pizza.  Continue reading