Applicant asserted that "[c]andy, in common modern American English parlance, is a snarky reference to anything desirable." "Meat Candy," according to applicant, is "merely an expression of desirability of a product - i.e., so good it's like candy." Indeed, numerous website excerpts submitted by Examining Attorney Kara E. Jackson evidenced the laudatory or descriptive nature of "Meat Candy."
Applicant contended that MEAT CANDY is merely suggestive of her services because "many mental steps" are required to get from the mark to the services themselves. The Board, however, found the mark to be laudatory when considered in the context of applicant's services. The connotation of "desirability," as stated by applicant, is the "very connotation which makes the term laudatory ... (i.e., Applicant's service features food that is so good it is meat candy)."
In addition, many third-parties use the term for specific food products: for example, bacon, wrapped sausage, desserts, brisket ends. The Board therefore found that prospective customers "will readily understand that the applied-for mark describes a delicious meat specialty of Applicant's food services.''
The Board therefore affirmed the refusal to register.
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TTABlog comment: The opinion is a bit muddled, IMHO, but apparently the Board found the applied-for mark to be descriptive both because it is laudatory and because it describes the goods.
Text Copyright John L. Welch 2015.
I have never heard of "meat candy" before, and so my initial reaction was: good grief another overly-exuberant TTAB police decision.
ReplyDeleteThen I read that there was evidence that some people do in fact use the phrase for tasty meats. With that evidence, the decision makes sense.
Without the evidence, it is an overly-exuberant TTAB police decision.