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Trademark Trial and Appeal Board Holds That Phrases Containing Descriptive and Generic Terms May Have Acquired Distinctiveness

INTA Bulletin Vol. 73, No. 14

August 15, 2018

Written by Michael W. Rafter

In a precedential decision issued on April 23, 2018, the Trademark Trial and Appeal Board (the Board) of the United States Patent and Trademark Office (USPTO) held that a phrase consisting of geographically descriptive and generic terms may still have acquired distinctiveness although the generic terms must be disclaimed. In re: American Furniture Warehouse Co., 126 U.S.P.Q.2d 1400 (T.T.A.B. 2018).

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Michael W. Rafter

mrafter@ktslaw.com