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Sidestepping American Fertility, TTAB Finds "PAO DOCE WRAPS" Generic for Bakery Products

Once again taking a tough stance regarding genericness, the Board rejected Applicant's American Fertility-based argument in affirming a refusal to register PAO DOCE WRAPS on the Supplemental Register, finding the term to be generic for "bakery products." In re Leonard?s Bakery, Ltd., Serial No. 77556405 (June 28, 2010) [not precedential].The Board began by observing that the PTO's evidentiary burden in establishing genericness "is different depending on the type of mark an applicant seeks to register." For compound terms, it is sufficient to produce evidence "that each of the constituent words is generic, and that the separate words retain their generic significance when joined to form a compound that has 'a meaning identical to the meaning common usage would ascribe to those words as a compound...continue to full post

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