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