TTAB Affirms Failure-to-Function Refusal of YOUR BEST CHOICE for Educational Services

The Board upheld another failure-to function refusal, this time of the proposed mark YOUR BEST CHOICE for, inter alia, computer education training services, on the ground that the phrase fails to function as a source indicator under Sections 1, 2, 3, and 45 of the Trademark Act. Applicant's submission of numerous registrations for marks containing the phrases “your best” and “best choice” failed to move the needle in its favor. In re The School Board of Palm Beach County, Florida, Serial No. 98321285 (June 9, 2025) [not precedential] (Opinion by Judge Mary Beth Myles).

Examining Attorney R. Austin Blakeslee submitted numerous examples of third-party use of the phrase YOUR BEST CHOICE in connection with schools and educational services, conveying an informational or laudatory message touting the educational services or schools as the consumers’ “best choice.”

The Examining Attorney also submitted numerous examples of YOUR BEST CHOICE in use across a variety of other industries, conveying the same informational or laudatory message.

Applicant argued that “in almost every case, the words YOUR BEST CHOICE is [sic] used in a full sentence…as part of promotional or descriptive language tailored to specific entities or offerings” and demonstrates that the phrase "is regular English with a regular English meaning." The Board agreed. In fact, that's the point!

Applicant's third-party registration evidence was, of course, irrelevant since each case has to be decided on its own record.

And so, the Board affirmed the refusal.

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Text Copyright John L. Welch 2025.