Tuesday, April 17, 2007

TTAB Finds "ALL-AMERICAN" Not Merely Descriptive of Cookies and Crackers, Dismisses Oppositions

The Board dismissed Section 2(e)(1) oppositions to registration of the marks ALL-AMERICAN CRACKERS for crackers ("CRACKERS" disclaimed) and ALL-AMERICAN COOKIES for cookies ("COOKIES" disclaimed). Opposer Keebler claimed that the term ALL-AMERICAN is "laudatory or descriptive" of the goods and that registration of the marks would impede Keebler's right to call its products "All-American." Keebler Co. v. Partners, Oppositions Nos. 91152728 and 91154926 (March 27, 2006) [not precedential].

For a synopsis of the decision, I direct you to the Seattle Trademark Lawyer blog, whose author, Michael Atkins, represented Applicant Partners in the case.

Text Copyright John L. Welch 2007.


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