Decisions · 85164876
In re Florists' Transworld Delivery, Inc.
Serial No. 85164876 · Decided 2016-05-11 · Other
What happened
Refusal upheld for the online-community services — FTD’s Twitter screenshots showed it promoting its flower-delivery business on Twitter’s platform rather than FTD itself providing an online community under the SAY IT YOUR WAY mark, so that portion of the application was blocked while the retail-services class proceeded.
The marks
Applicant
SAY IT YOUR WAY
Online retail store services featuring flowers and gifts, and promoting the retail services of member florists (Class 35); Creating an on-line community for registered users to participate in discussions, get feedback from their peers, form communities, and engage in social networking featuring information on flowers, floral products and gifts (Class 42)
Why this decision is significant
Precedential and the first TTAB decision holding that promoting your own business on a social-media account does not constitute rendering ‘online community’ services — the cornerstone specimen-refusal authority for social-media specimens, cited by two decisions in this database. Re-proposed with justification per the 2026-07-04 deferral.
Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.
Related decisions
In re Gail Weiss
The Board affirmed the refusal to register GABBY’S TABLE for computerized on-line retail store services featuring food, cookware, and culinary/lifestyle books, magazines and videos, because…
88621608 · 2024-07-31 · GABBY'S TABLE
In re Erik Brunetti
The Board affirmed the refusal to register FUCK (standard characters) for cell phone and laptop carrying cases, eyewear cases, spectacles and sunglasses, finding the word is such a…
88308426 · 2022-08-22 · FUCK (standard characters)
In re Erik Brunetti
The Board affirmed the refusal to register FUCK (standard characters) for jewelry, earrings, rings, bracelets, lapel pins, watches and watch accessories, finding that widespread third-party…
88308434 · 2022-08-22 · FUCK (standard characters)
In re Erik Brunetti
The Board affirmed the refusal to register FUCK (standard characters) for backpacks, tote bags, fanny packs, luggage, sport bags and wallets, finding the marketplace awash in third-party…
88308451 · 2022-08-22 · FUCK (standard characters)
The original record
Read the opinion and every filing on the Board's own docket. The summary above is our paraphrase, not a quotation from the opinion. The opinion is the authority.
Who checked this
Not yet reviewed by an attorney. This summary is generated from coded data, and it says so until a lawyer has read it.
Provenance — Generated from database rows without re-reading the opinion.
General information about how trademark law works. It is not legal advice about your situation, and reading it does not make anyone your lawyer.