In Unsealed Ruling, Federal Circuit Partly Affirms Trademark Board

Mealey's (October 4, 2018, 12:58 PM EDT) -- WASHINGTON, D.C. — Although agreeing with the Trademark Trial and Appeal Board (TTAB) that proposed trademarks for “Corn Thins” and “Rice Thins” are descriptive and have not acquired distinctiveness, the Federal Circuit U.S. Court of Appeals in an unsealed decision released Oct. 4 found that the TTAB “improperly narrowed the genus of the goods at issue” when rejecting a challenge to the registrations by Frito-Lay North America Inc. (Real Foods Pty Ltd. v. Frito-Lay North America Inc., Nos. 2017-1959, -2009, Fed. Cir.)....