A mark made up of two words may conjure up a distinctive commercial impression that is distinct from the meanings of the individual words and is intrinsically registrable as a unitary term. Nevertheless, if each component word is merely laudatory or descriptive, the combination mark may retain the same meaning as its component words and may not be registrable on the Principal Register (which is for marks that are inherently distinctive) unless the mark has acquired a source identification distinctiveness (referred to as "secondary meaning").
As a trademark for "dietary supplements," Super Salt, LLC submitted an application to register SUPERSALT (without any specific stylization). Since "pink salt" was the primary element in the goods, the Examining Attorney rejected registration on the Principal Register on the grounds that the combination mark was merely descriptive of the goods.
In response to the applicant's appeal, the Trademark Trial and Appeal Board (TTAB) upheld the refusal but accepted a change to the Supplemental Register (which is for marks that are not inherently registrable but are capable of acquiring a secondary meaning).
Even though a term has other meanings in various situations, it is only considered descriptive if it quickly conveys knowledge of at least one quality, feature, function, or characteristic of the products or services. A laudatory adjective like SUPER combined with a purely descriptive term like SALT would often stay just descriptive. A laudatory adjective like SUPER coupled with a suggestive word like POWER, on the other hand, would retain its suggestive nature and be registrable on the Principal Register without supplementary meaning.
The TTAB quickly determined that "salt" was only a descriptor of "pink salt," which was the primary ingredient in the applicant's nutritional supplement.
According to the applicant, "super" might signify a variety of things, including "increased mineral content," "high performance hydration," and "rapid oral rehydration." It sent printouts of more than 20 previously registered third-parties on the Principal Register for non-supplement goods containing the term "super." Additionally, the applicant cited earlier TTAB rulings that have approved SUPER-formative marks. The applicant further contended that a consumer would concentrate on the SUPERSALT mark's alliteration and would need to engage in mental effort to determine the nature of the goods. These defences did not sway the TTAB.
The TTAB determined that SUPER expressed this superiority in a laudatory way because the Applicant had asserted that the salt in its product had a significantly higher mineral content than refined salt utilised in other goods. It was claimed that the records before the TTAB in this matter did not make the past registrations and rulings awarding registration to SUPER-formative marks, such as SUPER IRON for soil supplements including an iron component, controllable. The TTAB also discovered that there was nothing in the sound quality of the applicant's mark that sent out a clear impression in terms of commerce.
As a result, the TTAB determined that SUPERSALT was not registrable on the Principal Register since the laudatory term SUPER and the simply descriptive term SALT preserved their purely descriptive nature.
The TTAB did allow an amendment of this application to the Supplemental Register nonetheless, as this mark may later come to have a secondary meaning.
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