TTAB Finds TARGETED DELIVERY Generic for . . . Guess What?

The Board affirmed a refusal to register the proposed mark TARGETED DELIVERY, on the Supplemental Register, for "Providing temporary use of on-line non-downloadable software tools for implementing a production and delivery timeline for direct mail campaigns with enhanced scheduling and pricing options to ensure delivery to household mailboxes nationwide within a three-day time window," deeming the term to be generic for the services. Applicant argued that the term "is almost exclusively used in conjunction with targeting specified individuals or audiences to receive direct mail," not targeting a specific date range. In re Data Network Marketing, Inc., Serial No. 97817090 (February 27, 2026) [not precedential] (Opinion by Judge Mark A. Thurmon).

As usual, the Board found the relevant genus to be defined by applicant's recitation of services. The relevant consumers are individuals and businesses that use direct mail campaigns for marketing or informational purposes.

As for applicant's argument about targeting, "[b]oth the record and common sense refute this argument." "Applicant’s own website states that "'Targeted Delivery' is our proprietary program that ensures you land in mailboxes—nationwide—within a three-day window."

This statement makes clear that the target of Applicant’s direct mail program is a date range. There is nothing distinctive about calling your service what it is, and that is exactly what Applicant has done here. *** Applicant’s argument that 'targeted delivery' is used 'almost exclusively' to refer to customer targeting is misplaced. The evidence shows that multiple targets may be used in direct mail marketing, and that timing is a key target for many such campaigns. To claim exclusive rights to use the phrase "Targeted Delivery" is clearly inconsistent with the reality of this business segment.

The Board agreed with the applicant that one meaning of "targeted delivery" is "targeting individuals or audiences to receive direct mail." That fact, however, "does not undermine the refusal because terms often have multiple meanings."

The reference to the “primary” meaning of the phrase in the genericness standard does not mean that only one meaning of a word or phrase is generic. Consumers who know that Applicant provides targeted delivery based on a date range (i.e., the relevant genus for our analysis), will understand the applied-for mark to refer to that genus.

And so, the Board affirmed the refusal.

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TTABlogger comment: Can't get much more descriptive than that.

Text Copyright John L. Welch 2026.