TTAB Affirms Genericness Refusal of FREE PHOTOS for . . . Guess What?

The Board upheld refusals to register, on the Supplemental Register, the proposed marks FREE PHOTOS and FREEPHOTOS (in standard form), finding the terms to be generic for “printing services for printing photos and personalized items, namely, photo albums, photo posters, photo tiles, canvas prints, photo cards, photo blankets, photo mouse pads, photo magnets, and photo cups." Applicant Inmate Photos argued that neither “free photos” nor “freephotos” are defined dictionary terms, but other evidence developed by the Office proved to be decisive. In re Inmate Photos, LLC, Serial Nos. 97513508 and 97513513 (January 15, 2026) [not precedential] (Opinion by Judge Lawrence T. Stanley, Jr.).

The determination of genericness employs a two-part test: “First, what is the genus of goods or services at issue? Second, is the term sought to be registered ... understood by the relevant public primarily to refer to that genus of goods or services?” H. Marvin Ginn Corp. v. Int’l Ass’n of Fire Chiefs, Inc., 782 F.2d 987, 990 (Fed. Cir. 1986)." Because the identification of services in an application defines the scope of rights conferred by Section 7(b) of the Trademark Act, the genericness inquiry ordinarily “focuses on the description of services set forth in the [application or] certificate of registration.”

[T]he ultimate question is whether consumers who buy or use printing services for printing photos and personalized items understand FREE PHOTOS and FREEPHOTOS primarily to refer to a class or category of those services.

Examinint Attorney Taylor Barrese submitted website excerpts showing numerous third parties using “free photos” to describe a perk or reward offered to consumers. Additional third-party uses of the phrase “free photos” appear in blogs and articles that recommend photo‑printing services offering free photos. And applicant "uses 'free photos' in a non‑source‑identifying manner to describe a perk of its services − printing photographs at no charge to the consumer."

Based on dictionary definitions [of "free" and "photo"], third‑party uses, and Applicant’s own materials, we find that “free photos” is commonly used to identify a perk or reward in connection with printing services for printing photos and personalized items, and that both Applicant and other market participants offer such services. Ordinary consumers of these services would therefore understand FREE PHOTOS and FREEPHOTOS to refer primarily to a key aspect of the services − namely, that the provider supplies free photo prints as a reward or promotional benefit.

And so, the Board affirmed the refusal.

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TTABlogger comment: Seems to be merely descriptive to me.

Text Copyright John L. Welch 2026.