Not Clear Enough: The TTAB’s Standard for the Registrability of All

IN RE: ERIK BRUNETTI

Before Lourie, Dyk , and Reyna. Appeal from the Trademark Trial and Appeal Board.

Summary : The Federal Circuit vacated and remanded a decision of the Trademark Trial and Appeal Board (TTAB) refusing to register a commonplace word because the TTAB’s decision lacked clarity.

Erik Brunetti sought to register the “F” word for goods including sunglasses, jewelry, and related products and retail store services. The examining attorney refused to register the proposed word mark and the TTAB affirmed. Relying on wide third-party usage, the TTAB found that the mark was ubiquitous with many meanings (i.e., an all-purpose word mark) that did not create the commercial impression of a source indicator and therefore did not function as a trademark. Mr. Brunetti appealed.

On a