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Trademark Valet

Decisions · 86261962

PrecedentialNotableNo later change on its docket

In re Wal-Mart Stores, Inc.

Serial No. 86261962 · Decided 2019-01-11 · Other

What happened

Registration refused — the Board found that INVESTING IN AMERICAN JOBS for retail store and promotional services is merely an informational phrase widely used by businesses, government, and media to express support for American jobs, and does not function as a service mark to identify a single source.

The marks

Applicant

INVESTING IN AMERICAN JOBS

Promoting public awareness for goods made or assembled by American workers; retail store services featuring a wide variety of consumer goods; retail grocery stores; online retail store services; convenience store services (Class 35)

Other issues decided

Not du Pont factors. These are separate grounds the Board reached in this case.

IssueWeightWhat the Board found
Failure to Function as Source IdentifierDispositiveThe Board found that INVESTING IN AMERICAN JOBS is a commonly used informational phrase conveying support for American manufacturing and employment, widely used by third parties across industries, and therefore fails to function as a service mark.

Why this decision is significant

Precedential decision with oral hearing applying failure to function doctrine to a patriotic/economic slogan with extensive third-party informational use evidence. Significant for any application involving widely-used informational phrases, particularly patriotic or social-cause slogans.

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

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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Who checked this

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Provenance — Written from the opinion; research-significance tier confirmed.

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