Category: Trademark Trial and Appeal Board
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TTAB Rejects Energy Drink Maker’s Application for ‘Purple Rain’ Trademark
The U.S. Trademark Trial and Appeal Board (TTAB) has denied energy drink and dietary supplements manufacturer JHO Intellectual Property Holdings LLC’s bid to register the mark PURPLE RAIN in connection with its products. NPG Records, LLC v. JHO Intellectual Property Holdings LLC, No. 91269739 (T.T.A.B., entered August 23, 2022). JHO sought to register the mark…
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TTAB Refuses to Register “Scoop” for Ice Cream
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…
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No Trademark For “Corn Thins,” Federal Circuit Holds
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…
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Superpower Beer and Juice Can Coexist, TTAB Rules
The Trademark Trial and Appeal Board (TTAB) has dismissed The Wonderful Co.’s opposition to Comrade Brewing Co.’s application to register “Superpower” as a mark used in relation to beer. Wonderful Co. v. Comrade Brewing Co., No. 91230877 (T.T.A.B., entered August 2, 2018). The Wonderful Co. uses its mark “Antioxidant Superpower” to describe its POM pomegranate…
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Trader Joe’s in Mislabeling, Trademark Disputes
A consumer has filed a putative class action alleging Trader Joe’s Co. falsely advertises its Sour Gummies by failing to disclose that the product contains d-l-malic acid. Wong v. Trader Joe’s Co., No. 18-0869 (S.D. Cal., removed to federal court May 4, 2018). The plaintiff asserts that under California law, “any artificial flavor must be identified on…
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France Challenges Trademark Application for “Beardeaux” Wines
The French agency responsible for protecting the country’s agricultural appellations of origin has filed a notice of opposition to a California winery’s application for the trademark “Beardeaux,” arguing that the use would dilute the protected term “Bordeaux” used to designate wines from southwestern France. Institut National de l’Origine et de la Qualité v. Bear River…
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TTAB Rules “White Sangriiia” Merely Descriptive
The Trademark Trial and Appeal Board (TTAB) has ruled that Pan American Properties Corp. cannot register “White Sangriiia” as a trademark because both terms, as well as their combination, are “merely descriptive.” In re Pan American Props., Corp., No. 86556214 (T.T.A.B., entered February 26, 2018). TTAB also rejected the company’s argument that the term was “fanciful…
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Hy-Vee Denied Trademark for “Peaceful Piranha” Snacks
The Trademark Trial and Appeal Board has denied Hy-Vee Inc.’s application to register the “Peaceful Piranha” mark for a line of snack foods, deeming the mark to be too similar to the mark for an existing line of “Piraña” snack foods. In re Hy-Vee, Inc., No., 87120774 (T.T.A.B., entered February 6, 2018). Finding “piranha” to…