STROLL TO THE POLLS Fails to Function as a Trademark for Clothing, Says TTAB

The Board sustained this opposition on the ground that the proposed mark STROLL TO THE POLLS fails to function as a source indicator for “Aprons; Bibs, not of paper; Bodysuits; Dresses; Footwear; Hats; Jackets and socks; Pants; Shirts; Skirts; Swimwear.” Applicant pointed to the display of the phrase "in a manner to indicate source identification, insomuch as the mark appears on the inside collar of the article of clothing." Not good enough, said the Board. Alpha Kappa Alpha Sorority v. Stroll to the Polls, Inc., Opposition No. 91267937 (July 17, 2025) [not precedential] (Opinion by Judge Martha B. Allard).

Of course, the key question was whether consumers would perceive the phrase STROLL TO THE POLLS as an indicator of source for applicant's goods. Neither party submitted direct evidence, such as a survey or consumer testimony, on that point. The only consumer perception evidence in the record consisted of declarations from two third-party witnesses, both stating that they believe the phrase “Stroll to the Polls” is a commonplace slogan and not an indicator that the goods come from a single source. "Notably, Applicant does not offer counter testimony on this point."

The record evidence demonstrated use of the phrase on third-party clothing, print material, websites, and on social media in connection with voter-turnout related events. The Board concluded that the proposed mark "is a widely-used phrase that merely conveys a well-recognized and commonly expressed sentiment, i.e., walking or strolling to the voting location together to encourage voter turnout."

Moreover, the evidence showed that various clothing items display the slogan in large, stylized font on the front of the shirt or hat in an ornamental fashion. "This supports the notion that consumers are buying the clothing because of the message emblazoned across the front." "When purchasers buy goods based on the common message they display, that message fails to function as a trademark, even if it is displayed in a conventional trademark manner."

We find that, considering the record evidence as a whole, the phrase “Stroll to the Polls” is merely informational in nature and conveys the sentiment of walking, stepping or dancing to the polls together in an effort to encourage voter turnout. Consumers understand such a widely used, commonplace phrase as conveying the ordinary concept or sentiment normally associated with it, rather than serving any source-indicating function.

Use of the phrase by Opposer AKA

Read comments and post your comment here.

TTABlogger comment: I think we should be running to the polls now, not strolling.

Text Copyright John L. Welch 2025.