TTAB Finds BALLETCOLLECTIVE to be Generic for . . . . . Guess What?

The Board upheld a refusal to register the proposed mark BALLETCOLLECTIVE for entertainment services in the nature of dance and ballet performances, finding the term to be generic for the services. The applicant argued that the lack of a space between the words was significant, but that argument fell flat. In re BalletCollective Inc., Serial No. 97567146 (July 7, 2026) [not precedential] (Opinion by Judge Thomas. W. Wellington).

There was no disagreement that the genus at issue was defined by the recitation of services in the application, which the Board summarized as "entertainment services in the nature of dance and ballet performances." The relevant consumers are "ordinary purchasers, or attendees, of entertainment services in the nature of dance and ballet performances." The question then was "whether these consumers understand BALLETCOLLECTIVE as primarily referring to a class or category of entertainment services in the nature of dance and ballet performances."

Relying on dictionary definitions of the constituent terms, evidence of third-party use of "ballet collective(s)" in connection with ballet performances and entertainment, and use of that term as part of third-party trademarks and trade names, Examining Attorney Amy E. Thomas contended that "the relevant consuming public would understand the term BALLETCOLLECTIVE to refer primarily to a group providing ballet performances and related ballet services including the other services listed in the application."

Applicant argued that the evidence showed use of the component terms only with a space between them, not in a compound form. The Board pooh-poohed that argument, noting the Supreme Court's statement in Booking.com that "[a] compound of generic elements is generic if the combination yields no additional meaning to consumers capable of distinguishing the goods or services."

The words “ballet” and “collective” retain their same defined meanings despite being joined—and consumers will not discern any additional non-generic meaning as a result of their joinder. Rather, the relevant consumers will easily and readily understand BALLETCOLLECTIVE as merely an expression of a “ballet collective,” without the space, and a reference to the genus of services. Simply put, the proposed compound mark, BALLETCOLLECTIVE, conveys the same generic meaning to consumers as the sum its generic component terms—”the entire formulation does not add any meaning to the otherwise generic mark.” See Steelbuilding, 415 F.3d at 1297.

Applicant also pointed to its actual use of the mark in the form "BalletCollective," with the first letter in each component term capitalized. The Board took a different view: "[t]o the contrary, capitalizing the first letter of each word further assists consumers to more quickly identify each generic term. In any event, applicant sought registration of a mark in standard character form, not in the form used by applicant.

[T]he evidence of use of the term BALLET COLLECTIVE in third-party marks or trade names, along with source-identifying matter, e.g., “Ignite Ballet Collective” and “Deep South Ballet Collective,” further establishes that this is a term readily used by others in connection with ballet performances. In other words, the evidence proves that the relevant public perceives BALLETCOLLECTIVE primarily as the genus of services rather than as a source identifier.

The Board agreed with the examining attorney that applicant’s own description of its services on its website was probative and corroborated the genericness of the proposed mark: Applicant describes itself as a "non-profit art collective, "consist[ing] of a rotating group of artists and collaborators" and "with each new collective," it offers entertainment services in the nature of "ballet-based works."

And so, the Board affirmed the refusal.

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TTABlogger comment: If you looked in a telephone directory, would you find a heading "ballet collectives?"

Text Copyright John L. Welch 2026.