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TTAB Finds "FULLY COOKED" Generic for ... Guess What?

The TTAB granted a petition for cancellation of a registration for the term FULLY COOKED for "prepared entrees consisting primarily of meat," finding it to be generic. The Board acknowledged that "fully cooked" is not the name of a food product but rather an adjective that "describes a category of processed foods," a designation that should be freely available for use by competitors. Eddy Packing Co., Inc. v. HEB Grocery Company, Cancellation No. 92041545 (April 15, 2010) [not precedential].The Board found the genus of the goods to be "prepared foods," not just meat entrees, noting that the genus may be broader or narrower than the identification of goods.The relevant public here comprises "ordinary consumers, institutional purchasers, food retailers and meat companies...continue to full post

Full post as published by The TTABlog on April 21, 2010 (boomark / email).