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CAFC Affirms TTAB Genericness Ruling re "MATTRESS.COM" for -- Guess What?

The CAFC has affirmed the TTAB's decision in In re Dial-A-Mattress Operating Corp., Serial No. 78976682 (November 13, 2009) [not precedential], in which the Board affirmed a refusal to register the term MATTRESS.COM on the Supplemental Register, for "online retail store services in the field of mattresses, beds and bedding," on the ground of genericness. In re 1800Mattress.com IP, LLC, 92 USPQ2d 1682 (Fed. Cir. 2009) [precedential].Whether a term is generic is a factual determination, and so the CAFC reviewed the Board's finding for substantial evidence. "Substantial evidence is 'more than a mere scintilla' and 'such relevant evidence as a reasonable mind would accept as adequate' to support a conclusion."It was agreed that the genus of services is "online retail store services in the field of mattresses, beds, and bedding," and so the term in question is generic "if the relevant public understands MATTRESS...continue to full post

Full post as published by The TTABlog on November 09, 2009 (boomark / email).