from the dear-john-letter dept
It’s all the time enjoyable when the USPTO demonstrates its inner a number of persona dysfunction on mental property considerations. That’s in all probability a tad harsh; in any case, the USPTO is made up of individuals, and totally different individuals will view related conditions otherwise. Sadly, a part of what the USPTO is meant to uphold and set are requirements for mental property issues. Requirements which must be utilized evenly all through all of the requests that come its method.
Which brings us to Monday Night Ventures LLC and the trademark application it filed for a “Taco Tuesday” lager.
Monday Night time Ventures LLC utilized to register TACO TUESDAY as a trademark for “beer,” submitting an image of a menu displaying this time period as a point-of-sale specimen of use, and later offering an image of a can of beer displaying this time period.
The Inspecting Lawyer refused registration on the bottom that the proposed mark did not perform as a mark as a result of it’s a message broadly utilized by a wide range of sources to confer with a well-recognized cultural phenomenon the place individuals devour tacos and drinks, together with beer, on Tuesdays. The Applicant appealed to the Trademark Trial and Attraction Board (TTAB).
100% the right choice. I’ve no notes to supply. Neither did the TTAB, it seems, because it upheld the refusal of registration on enchantment.
Notably, the TTAB did not refuse the trademark because of it being descriptive. The phrase completely is descriptive when used to promote tacos on Tuesday, in fact, however that isn’t the case as utilized to the packaging for beer. As a substitute, the TTAB’s refusal on the mark is because of it being generic and broadly used on the whole.
You may need concluded that TACO TUESDAY is suggestive of the kind of occasion to which it refers. A suggestive mark is registrable. However on this case, the TTAB discovered that the proof of widespread use of this time period on the whole, and for beer specifically, tipped the dimensions to the failure to perform aspect. Because of this, TACO TUESDAY seems to be accessible to be used on beer by any brewery.
Agreed. However you already know who has a registered trademark for “Taco Tuesday” that’s much more generic and descriptive than this instance from a brewery? Taco fucking John’s, that’s who.
We’ve got written for years about Taco John’s wielding this registered mark it one way or the other bought from the USPTO to attempt to hold different eateries and eating places from having the ability to host, promote, or promote their very own “Taco Tuesdays.” It certain can be good if the USPTO may take a look at its right choice denying Monday Night time Ventures its “Taco Tuesday” mark after which apply that very same customary to Taco Johns’ mark.
On the very least, anybody who may need to problem Taco John’s registration ought to have the ability to level to this newest TTAB enchantment.
Filed Beneath: beer, taco tuesday, trademark, ttab, tuesday, uspto
Corporations: monday night ventures, taco john’s
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