Tag Archives TTAB

The Federal Circuit has affirmed a Trademark Trial and Appeal Board (TTAB) decision refusing to grant a trademark to Real Foods Pty Ltd. for “Corn Thins” and “Rice Thins,” finding the terms to be “merely descriptive.” Real Foods Pty Ltd. v. Frito-Lay N. Am. Inc., Nos. 17-1959, 17-2009 (Fed. Cir., entered October 4, 2018). Frito-Lay North America opposed Real Foods’ trademark application, but Real Foods argued both that the terms were not descriptive and that even if they were descriptive, they had acquired distinctiveness. The Federal Circuit found significant evidence to support TTAB’s conclusion that the terms are descriptive, noting that the first part of the terms is the primary ingredient and the second is the shape. “The composite marks are ‘merely descriptive’ because they ‘immediately convey[] knowledge of a quality or characteristic of the product[s],’ specifically the products’ main ingredients and thickness,” the court held. The court also found…

France's Institut National de l'Origine et de la Qualité has filed an opposition with the U.S. Trademark Trial and Appeal Board contesting Teastream LLC's application to register "Champagne's Sober Cousin" for tea products. Institut National de l'Origine et de la Qualité v. Teastream LLC, No. 91241975 (T.T.A.B., opposition filed June 25, 2018). The French agency asserts that the mark would infringe on the country's protected designation of origin for sparkling wines from the Champagne region, allegedly resulting in "dilution by blurring and by tarnishment" of a famous mark. Meanwhile, France's Directorate General of Competition, Consumer Affairs and Fraud Control has reportedly investigated "anomalies, deceptions and fraud" in the sale of Spanish wine. The investigation purportedly found that several merchants sold as many as 10 million bottles of Spanish wine as French by falsely marking the bottles with "vin du France" or misleadingly marketing them with French elements, such as the…

Close