United States:
Repetition Cannot Foreclose Competition
18 April 2017
Smith Gambrell & Russell
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Richard Rivera wrote the article, Denied! Denied! TTAB
Rejects "Double-Word" Family, published in the
latest International Trademark Association Bulletin. Below is an
excerpt:
"The Trademark Trial and Appeal Board (Board) affirmed the
refusal to register the mark DEEP!DEEP! DISH PIZZA for pizza in
International Class 30. In re LC Trademarks, Inc., No. 85890412
(TTAB Dec. 29, 2016) (precedential). . . . While the Board
recognized that a common structure could establish a family of
marks, it found that repeating a descriptive word and an
exclamation point was too abstract to constitute a structure . . ..
It also found that granting rights in the structure would permit
the applicant "to enforce almost any descriptive word in the
dictionary, so long as it repeats" creating "an
unacceptable risk to competition." "
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