TTAB Requires Disclaimer of "MADE BY DENTISTS" in Five Word-and-Design Marks for Toothbrushes and the Like

The Board affirmed the USPTO's refusal of the mark shown immediately below, along with four other similar word-plus-design marks (same font and wording, different cartoon designs) for mouthwash, teeth-whitening products, dental cleaning tools, toothbrushes, and the like, absent a disclaimer of the phrase MADE BY DENTISTS. Spotlight argued that the products are not made by dentists, and therefore "imagination, thought, and perception" is required "to reach a conclusion as to the nature of the goods recited in the Application." In other words, according to Spotlight, the phrase is merely suggestive. Not so, said the Board. In re Spotlight Oral Care Limited, Serial Nos. 79380381 et al. (March 19, 2026) [not precedential] (Opinion by Judge David K. Heasley).

Examining Attorney Jesse Nelman maintained that "MADE BY DENTISTS" immediately conveys to consumers a feature or characteristic of the goods - that they are designed by dentists, since Spotlight is owned by dentists. Spotlight, pointing to dictionary definitions, asserted that "MADE" means "artificially produced" or "put together of various ingredients," and "BY" means "through or through the medium of" or "through the agency or instrumentality of." In other words, the goods are not made by dentists - "they are not put together, manufactured, constructed, shaped, or formed by dentists."

The Board rejected Spotlight's narrow definition of "made," pointing out that "made" can also mean "more generally, '[p]roduced or created artificially' or '[h]aving been invented,' or '[t]o cause to exist or happen; bring about; create.'" Moreover, the word should be understood "in relation to the goods or services for which registration is sought, the context in which the mark is used, and the possible significance that the mark is likely to have to the average purchaser encountering the goods or services in the marketplace."

Here, if “MADE” means “[t]o cause to exist or happen; bring about; create,” then “MADE BY DENTISTS,” considered in its entirety and in the context of dental goods such as toothpaste, mouthwash and toothbrushes, comprehends the contributions made by the dentists who founded Applicant, provided the designs, specified the ingredients, and directed how the ingredients were to be put together into the dental goods. *** In that sense, the dentists “MADE” the dental goods in the same sense that Henry Ford “made” the Model T, even if he didn’t assemble the cars by hand.

The evidence showed that others in the dental field use the phrase "made by dentists" to describe their products. Furthermore, "[i]t is well-established that a term which describes the provider of goods or services is also merely descriptive of those goods and services.” In re Major League Umpires, No. 75154506, 2001 WL 777067, *2 (TTAB 2001) (protective vest was invented by one of the owner/umpires).

Spotlight submitted some two hundred registrations and allowed applications containing “MADE BY _____” without disclaimers: e.g., MADE BY TWO HAIRY GUYS for wax for removing hair; MADE BY FIREMEN FOR FIREMEN for fire-fighting equipment [FIREMEN disclaimed]. The Board, however, found that evidence of little probative value. Most of the marks did not refer to any purveyor or designer of the goods and others did not identify a type of professional or entity. "Thus, most of Applicant’s registered third-party marks do not indicate the provenance and characteristics of their identified goods."

The remaining registrations were "too few in number and result from the decisions of other examining attorneys, not the Board." "[P]rior decisions and actions of other examining attorneys in registering other marks have little evidentiary value and are not binding on the USPTO or the Board."

[W]e have no doubt that consumers who see the term MADE BY DENTISTS in Applicant’s marks, used on the identified goods, would immediately understand a significant characteristic is that the goods are designed and provided by dentists. The definitions of the words MADE and BY show their descriptiveness in this context, and as the above evidence makes clear, the combination of MADE BY and DENTISTS indicates skilled professional providers of the goods.

And so, the Board upheld the disclaimer requirement, allowing Spotlight thirty-days within which to submit the required disclaimer, in which case the applications will be passed to publication.

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TTABlogger comment: Looks like the Board brushed off Spotlight's oral argument.

Text Copyright John L. Welch 2026.