Decisions · 85890412
In re LC Trademarks, Inc.
Serial No. 85890412 · Decided 2016-12-29 · Other
What happened
The Board refused registration of DEEP!DEEP! DISH PIZZA for pizza, finding the phrase merely describes deep dish pizza with emphasis and that Little Caesars' licensing company failed to prove consumers see the phrase — or its claimed family of repeated-word marks like PIZZA!PIZZA! — as identifying a single source.
The marks
Applicant
DEEP!DEEP! DISH PIZZA
"pizza" in Class 30
Why this decision is significant
Precedential decision of first impression holding that family-of-marks evidence may be offered — and must be considered — to prove acquired distinctiveness under Rule 2.41(a)(3) in ex parte prosecution, while affirming that the DEEP!DEEP! DISH PIZZA showing failed on this record.
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.
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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.
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