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Precedential No. 25: "CLOTHING FACTS" Not Functioning as a Trademark, Says TTAB

In a precedential ruling, the Board affirmed a refusal to register the mark Clothing Facts in standard character form for various clothing items, on the ground that the mark as appearing on the specimens of use functions as informational matter and not as a source-identifier. In re T.S. Designs, Inc., Serial No. 77251039 (June 9, 2010) [precedential].Applicant's original specimenExamining Attorney Benjamin U. Okeke agreed with Applicant T.S. Designs that the "Clothing Facts" label "is reminiscent of the 'Nutrition Facts' label required for food products by the United States Food and Drug Administration (USFDA)."The Board appreciated "that this imagery involves a humorous play on the USFDA's ubiquitous nutrition labeling device and is designed to communicate applicant's commitment to social justice and environmental stewardship...continue to full post

Full post as published by The TTABlog on July 01, 2010 (boomark / email).