Retail & E-Commerce

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)

In re Erik Brunetti

The Board affirmed the refusal to register FUCK (standard characters) for retail store, online retail, consumer product advice, advertising and promotion services, finding that because…

88310900 · 2022-08-22 · FUCK (standard characters)

In re Lee Greenwood

The Board affirmed refusal of GOD BLESS THE USA as a trademark for pillows and decorative wood/wall items because dozens of unrelated sellers already use the same patriotic phrase on…

87168719 · 2020-12-01 · GOD BLESS THE USA

In re Country Oven, Inc.

The Board affirmed refusal of the identical mark COUNTRY OVEN for retail and custom bakery services because a different company already owns a decades-old registration for COUNTRY OVEN…

87354443 · 2019-11-18 · COUNTRY OVEN v. COUNTRY OVEN

Registration refused

In re The Cardio Group, LLC

The Board found that The Cardio Group’s proof-of-use documents (a patient pulse-wave report webpage, a confidential sales agreement, and a sales invoice) showed only sales of medical…

86840860 · 2019-06-20 · THE CARDIO GROUP and design

Registration refused

In re Wal-Mart Stores, Inc.

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…

86261962 · 2019-01-11 · INVESTING IN AMERICAN JOBS

In re American Furniture Warehouse CO

For a stylized “American Furniture Warehouse / Lifestyle Furniture” logo used on retail furniture stores, the Board agreed the wording is merely descriptive of a place and type of store…

86407531 · 2018-04-23 · Stylized design mark consisting of a curved letter "A" beginning the word "AMERICAN" (with stripes on the left side of the A and a swooping ribbon design filled with stars on the right, with an outer line that turns and dots the letter "I" with one star), under which appears "FURNITURE WAREHOUSE", under which appears "LIFESTYLE FURNITURE"

Refusal affirmed (both marks)

In re PharmaCann LLC

The Board upheld the USPTO’s refusal to register PHARMACANN and PHARMACANNIS for retail-store and dispensing services featuring medical marijuana, holding that because selling and…

86520135 · 2017-06-16 · PHARMACANN

Refusal affirmed (both marks)

In re PharmaCann LLC

The Board upheld the USPTO’s refusal to register PHARMACANN and PHARMACANNIS for retail-store and dispensing services featuring medical marijuana, holding that because selling and…

86520138 · 2017-06-16 · PHARMACANNIS

In re Morgan Brown

The Board refused registration of HERBAL ACCESS for retail store services featuring herbs because the store’s own specimen photographs and website showed it sells marijuana, and selling…

86362968 · 2016-07-14 · HERBAL ACCESS v. None -- unlawful use refusal under Trademark Act Sections 1 and 45; no registration was cited.

Refusal upheld for the online-community services

In re Florists' Transworld Delivery, Inc.

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…

85164876 · 2016-05-11 · SAY IT YOUR WAY

Refusal upheld

In re House Beer, LLC

HOUSE BEER for a beer store is identical to the registered HOUSE BEER for beer itself, and a claimed USPTO processing error could not override the statutory bar against registering…

85684754 · 2015-03-27 · HOUSE BEER (standard characters, BEER disclaimed) v. HOUSE BEER (standard characters, Supplemental Register, BEER disclaimed)