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TTAB Finds "THREE-STRAND FLOSS" Generic for ... Guess What?

The Board granted a petition for cancellation of a Supplemental Registration for THREE-STRAND FLOSS [with FLOSS disclaimed], finding it to be generic for "cotton thread and yarn." It concluded that "it is common practice in the industry to refer to the genus of 'cotton thread and yarn' by the number of strands in the product in the format with the number first followed by the words 'strand' and 'floss.' Therefore the Board ruled that "respondent may not lay claim to that particular arrangement of words." Weeks Dye Works, Inc. v. Valdani, Inc., Cancellation No. 92049174 (May 11, 2010) [not precedential].The Board noted that, because the registration at issue is a Supplemental Register, Petitioner's assertion that the phrase is merely descriptive is irrelevant...continue to full post

Full post as published by The TTABlog on June 10, 2010 (boomark / email).