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TTAB Says "INTERNET AUTO RENT & SALES" Not Generic, But Merely Descriptive and Lacks Acquired Distinctiveness

In this TTAB triple header, the Board considered the issues of genericness, mere descriptiveness, and acquired distinctiveness in connection with the term INTERNET AUTO RENT & SALES for "retail store services featuring new and used vehicles" and "leasing and rental of new and used vehicles" [AUTO RENT & SALES disclaimed]. It answered no, yes, and no. In re Internet Auto Rent & Sales, Serial No. 76516353 (November 7, 2008) [not precedential].Genericness: Ruling that the CAFC's American Fertility "phrase" test is controlling, the Board found no evidence that the public has used the phrase INTERNET AUTO RENT & SALES, and "almost no evidence that the public has even used the term INTERNET AUTO RENT." Quoting American Fertility:"The Board cannot simply cite definitions and generic uses of the constituent terms of a mark, or in this case, a phrase within the mark, in lieu of conducting an inquiry into the meaning of the disputed phrase as a whole to hold a mark, or a phrase within ...continue to full post

Full post as published by The TTABlog on November 18, 2008 (boomark / email).