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Keywords

appealtrialtrademarkdue process

appealtrialtrademark

Related Cases

Schlafly v. Saint Louis Brewery, LLC, 909 F.3d 420, 128 U.S.P.Q.2d 1739

Facts

The Saint Louis Brewery (SLB), founded in 1989, began selling beer under the SCHLAFLY mark in 1991. In 2011, SLB applied for trademark registration for the SCHLAFLY mark, which faced opposition from relatives of the founder, claiming the mark was primarily a surname and lacked secondary meaning. The Trademark Trial and Appeal Board (TTAB) denied the opposition, finding that the mark had acquired distinctiveness through extensive use and marketing. The Opposers appealed the decision, arguing violations of their rights.

Issue

Whether the SCHLAFLY mark could be registered as a trademark under the Lanham Act despite being a surname, and whether the Opposers' due process rights were violated.

The question of acquired distinctiveness of a trademark is a question of fact, and the Trademark Trial and Appeal Board's findings are reviewed for support by substantial evidence.

Rule

Under the Lanham Act, a mark that is primarily merely a surname can still be registered if it has acquired distinctiveness through use in commerce. The determination of acquired distinctiveness is a question of fact, reviewed for substantial evidence. The TTAB's legal determinations are reviewed de novo.

The Lanham Act in Section 2(f) permits registration of marks that have acquired distinctiveness by use in commerce.

Analysis

The TTAB found that the SCHLAFLY mark had acquired secondary meaning based on extensive evidence of continuous use, significant sales volume, and substantial marketing efforts. The Board concluded that the mark had developed market recognition among consumers, which satisfied the requirements for registration despite the surname issue. The Opposers' arguments regarding the necessity of survey evidence were rejected, as the TTAB determined that the evidence presented was sufficient to establish distinctiveness.

Conclusion

The TTAB's decision to grant trademark registration for the SCHLAFLY mark was affirmed, as the mark had acquired distinctiveness and the Opposers' due process rights were not violated.

Who won?

The Saint Louis Brewery prevailed in this case as the TTAB found that the SCHLAFLY mark had acquired distinctiveness through extensive use and marketing efforts. The Board determined that the evidence presented by SLB was more than sufficient to support the conclusion that the mark was recognized by the public as identifying SLB's goods, thus allowing for its registration despite the surname issue raised by the Opposers.

The TTAB ruled in favor of SLB and accordingly entitled the SCHLAFLY mark to registration on the Principal Register.

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