The U.S. Trademark Trial and Appeal Board (TTAB) has affirmed the denial of Yarnell Ice Cream LLC’s application to register a trademark on a mascot named “Scoop.” In re Yarnell Ice Cream, LLC, No. 86824279 (TTAB, entered July 9, 2019). The examining attorney rejected the application, finding “scoop” to be merely descriptive, and the appeals board agreed, pointing to examples from competitors identifying their serving sizes in scoops. The board also dismissed the argument that Yarnell’s “scoop” has two meanings—the ice cream serving and the breaking-news description—because the latter intended meaning only became clear within the context of Yarnell’s trade dress. “The dictionary definitions, third-party uses and registrations, and webpages and articles discussed and displayed above make it clear that ‘scoop’ is a common portion size and measuring unit for frozen confections and ice cream,” the court held. “We find that ‘scoop’ has little, if any, source-identifying capacity as a mark for those goods.”

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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