David Lilenfeld Blog The intellectual property blog of David Lilenfeld


TENNIS INDUSTRY ASSOCIATION is Generic and Therefore Not a Trademark, Says TTAB

By David Lilenfeld on February 18, 2016

Tennis Industry Association applied to register TENNIS INDUSTRY ASSOCIATION as a trademark for informational services related to tennis. On administrative appeal, the applicant argued the Trademark Office failed to provide clear and convincing evidence needed to support its genericness refusal.

The Trademark Trial and Appeal Board disagreed with the applicant, expressing concern consumers would perceive the trademark as a generic name for tennis services.  Trademark Trial and Appeal Board also found a lack of support for applicant’s assertion that Tennis Industry Association had acquired distinctiveness.

A trademark is generic if it merely refers to a category of goods or services in which it is used. Initially, the Trademark Trial and Appeal Board found the genus of services to be adequately defined by applicant’s explanation of services: “association services, namely, promoting the interests of tennis facilities, tennis manufacturers, tennis retailers and tennis court contractors; providing market research services to track the economic vitality of the tennis industry.”

Then the TTAB looked to determine whether the phrase TENNIS INDUSTRY ASSOCIATION is understood by relevant consumers to refer to that genus of services. The phrase should be examined under the American Fertility approach. This approach deems the dictionary definition of words not sufficient to support a finding of genericness. Rather, the phrase as a whole must be used to refer to the genus of services.

The examining attorney found five examples from the Lexis/Nexis database and Internet websites, using the term "tennis industry association" in lower case letters in a way that did not appear to indicate source in any particular entity. The Trademark Trial and Appeal Board found that the PTO failed to meet its burden of establishing by clear evidence that the phrase TENNIS INDUSTRY ASSOCIATION as a whole is generic.

Applicant purported that TENNIS INDUSTRY ASSOCIATION is not generic but rather has acquired distinctiveness under Section 2 (f). The Trademark Trial and Appeal Board recognized that a highly descriptive trademark is less likely to be perceived as a trademark and thus will require more substantial evidence to establish its distinctiveness. Applicant relied upon use of the trademark TENNIS INDUSTRY ASSOCIATION since 1974, a 2009 press release, a 2008 annual report and 499 Westlaw articles. The Trademark Trial and Appeal Board found the Westlaw articles not to be compelling for a variety of reasons. The record contained little direct evidence that relevant consumers view the phrase TENNIS INDUSTRY ASSOCIATION as a source indicator.

The Trademark Trial and Appeal Board reversed the refusal under Section 2 (e) (1) on the ground that the trademark is so highly descriptive as to be generic. However, the PTO affirmed the refusal under Section 2 (e) (1) because the trademark is merely descriptive since the applicant failed to show the trademark has acquired distinctiveness.

Comments (10650) Trackbacks (149)
  1. can you take viagra with food canadian viagra sales viagra cialis viagra for sale where to buy viagra online

  2. cialis online prescription order buy daily cialis 5mg buy discount cialis cialis doseage buy cheap cialis in canada

  3. This is the perfect web site for anybody who hopes to understand this topic. You realize so much its almost tough to argue with you (not that I really will need to…HaHa). You certainly put a new spin on a subject that has been discussed for ages. Wonderful stuff, just wonderful!| а

  4. cbd capsules cbd store hemp oil cannabis oil

  5. [url=http://estracemed.com/]estrace estrogen cream[/url] [url=http://diflucan.us.com/]diflucan 150 mg tablet[/url] [url=http://propeciagen.com/]buy propecia online[/url] [url=http://accutanme.com/]accutane buy online[/url] [url=http://sildenafil4you.us.org/]buy sildenafil india[/url]

  6. buy generic viagra from china viagra deaths cheap pill viagra ordering viagra from canada 50mg viagra

  7. how long does a 20mg cialis last buy cialis uk suppliers buy cialis jelly cialis gel online uk how long till cialis works

  8. buy 100mg viagra online uk viagra prescription cost buy viagra sample buying generic viagra safe best online pharmacy generic viagra

  9. Thanks to my father who shared with me regarding this weblog, this weblog is in fact remarkable.| а

  10. cbd oil for dogs cbd oil store cbd gummies cbd oil

  11. cialis in women cialis how it works cialis 5mg cost generic cialis safety does cialis cause headaches

  12. hemp oil for pain http://buycbdoilonline.us.com/ – cbd drops hemp cbd oil cbd oil

  13. acquisto viagra online sicuro viagra generic buy cheap generic viagra buy generic viagra online free shipping order online viagra

  14. You made some decent points there. I checked on the net to learn more about the issue and found most individuals will go along with your views on this website.| а

  15. how long does daily cialis take to work generic cialis 5mg online buy cialis cheap where to buy cheap cialis online cialis tadalafil 5mg once a day

  16. nome farmaco generico viagra how to get viagra without a prescription cheapest viagra online does viagra really work canadian prescriptions viagra

  17. enhancement female viagra does taking half a viagra work cheap indian viagra viagra lloyds pharmacy cost marley drug generic viagra

  18. Hey there! Would you mind if I share your blog with my myspace group? There’s a lot of folks that I think would really appreciate your content. Please let me know. Many thanks| а

  19. viagra prices costco generic viagra india online online viagra buy viagra professional 20 pills cost of generic viagra at costco

  20. cbd gummies walmart http://buycbdoilonline.us.com/ – cbd tinctures cbd oil cbd oil for pain

  21. what is similar to viagra over the counter at what age do guys need viagra viagra alternative how fast does viagra work cheap viagra overnight shipping

  22. cbd gummies walmart cbd oil at walmart cbd products best cbd oil buy cbd oil

  23. does cialis make it harder to ejaculate cialis 20 mg how long does it take to work generic daily cialis cialis package insert cialis price in usa

  24. Thanks in support of sharing such a fastidious thought, paragraph is good,
    thats why i have read it entirely

  25. Hello! This is my first visit to your blog! We are a collection of volunteers and starting a new initiative in a community
    in the same niche. Your blog provided us beneficial information to work on. You have done a wonderful job!

  26. I will right away grasp your rss as I can not to find your
    email subscription hyperlink or e-newsletter service.
    Do you have any? Kindly allow me recognize in order that I
    may just subscribe. Thanks.

    My site … purtier placenta

Leave a comment


Go to top ↑