The U.S. Patent and Trademark Office has rejected Whole Foods
Market’s attempt to trademark the phrase “World’s Healthiest Grocery
Store,” finding the statement to be merely descriptive and puffery. The
company currently owns a trademark in “America’s Healthiest Grocery
Store,” which it reportedly earned by using the mark in commerce for
several years before registration. The rejection notice cites other examples
of rejected puffery, including Boston Beer Co.’s attempt to register
“The Best Beer in America.” Whole Foods may update and refile its
application within six months. See The Washington Post, July 28, 2016.

 

Issue 613

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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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