TTABlog Test: Is PIZZACCIA Merely Descriptive of Pizza and Cheese?

The USPTO refused to register the mark shown below for various food products in classes 29 and 30, including cheese and pizzas, because Applicant Panificio Villa refused to disclaim the word PIZZACCIA under Section 6(a) of the Trademark Act. Examining Attorney Kristin Dahling maintained that the term is merely descriptive of applicant's goods. How do you think this appeal came out? In re Panificio Villa S.r.l., Serial No. 79351998 (June 5, 2025) [not precedential] (Opinion by Judge Robert Lavache).

The Examining Attorney submitted website excerpts from various third-parties referring to restaurants offering "pizzaccia" as a pizza-like food item, a hybrid of pizza and focaccia bread. Applicant argued that the evidence showed that “pizzaccia” could refer to "a type of pizza type meal thrown together [and] containing elements of a pizza and focaccia," and therefore the term is suggestive, not merely descriptive.

The Board agreed that PIZZACCIA refers to a type of pizza with a focaccia base or crust, and that relevant purchasers would perceive the term accordingly. It acknowledged that pizzaccia is described differently in the various website references, "[b]ut the common thread in these examples, and almost all of the other evidence of record, is that PIZZACCIA is being used to identify a food that contains elements of both pizza and focaccia (i.e., dough/bread topped with sauce, cheese, and other toppings)." Applicant's own advertising refers to "THE MOST FOCACCIA PIZZA THERE IS!"

Applicant argued that, because some of the evidence suggests that there may be other names for focaccia-based pizza, including “focizza,” “focaccia pizza,” and “Pizzaccia Romana,” the evidence did not establish descriptive use of PIZZACCIA. The Board was not impressed. "Simply put, the fact that other terms may also be used to refer to a focaccia-based pizza does not preclude a finding that PIZZACCIA is descriptive."

Having concluded that pizzaccia describes a type of focaccia-based pizza, the Board turned to the question of whether the term is merely descriptive of any of Applicant’s identified goods in each class. If so, then the Section 6(a) refusal may be affirmed as to the entire class. See In re UST Global (Sing.) Pte. Ltd., Serial No. 87657822, 2020 TTAB LEXIS 19, at *26 (TTAB 2020)

The Class 30 goods include “pizzas,” “dough,” “pizza dough,” and “bread.” Moreover, the terms “dough,” “pizza dough” and “bread” could include dough and bread for making focaccia-based pizzas and thus PIZZACCIA merely describes a purpose, characteristic, or use of those goods as well.

Likewise, International Class 29 includes, among various other food items, “cheese.” Because the term “cheese” encompasses cheeses intended for use in making focaccia-based pizzas, the term PIZZACCIA directly conveys information to relevant purchasers about the purpose or use of the cheese and thus is merely descriptive.

And so, the Board affirmed the refusal to register.

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Text Copyright John L. Welch 2025.