TTAB Affirms Genericness Refusal of THE SKIN COACH for . . . . Guess What?

The Board upheld a genericness refusal of the proposed mark THE SKIN COACH for, inter alia, "Professional coaching services in the field of health and wellness," "Providing on-line training in the form of courses, workshops, seminars, and private coaching in the field of health and wellness," and "Holistic health services," rejecting the application for a Supplemental Registration under Sections 23(c) and 45 of the Trademark Act. Applicant acknowledged the considerable third-party evidence of use of "skin coach" "in connection with skincare, wellness, or esthetics," but contended that the term is at most descriptive, not generic. In re The Skin Coach LLC, Serial No. 98351505 (May 11, 2026) [not precedential] (Opinion by Judge Christopher C. Larkin).

The Board determines the issue of genericness as a question of fact, based on the preponderance of evidence. ["Clear evidence" is not required]. The Office bears the ultimate burden of proof. "Determining whether a mark is generic . . . involves a two-step inquiry: 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?"

The Board observed that "A term is generic if it refers to the class or category of goods or services on which it is used," citing Marvin Ginn and Dial-A-Mattress, or to "part of the claimed genus of goods or services, even if the public does not understand the term to refer to the broad genus," citing Royal Crown and Cordua. [Emphasis by the Board].

The Board found the genus of the respective two classes of services to be “Professional coaching services in the field of health and wellness” and “Providing on-line training in the form of courses, workshops, seminars, and private coaching in the field of health and wellness” in Class 41, and “Holistic health services” in Class 44. Applicant conceded that “‘skin coach’ may describe a niche focus within Applicant’s broader wellness services.” The question for the Board was whether the evidence showed "that the primary significance of THE SKIN COACH is to refer to that sub-genus of the involved services."

Turning to the public's understanding of the term THE SKIN COACH, Examining Attorney Janice McMorrow submitted dictionary definitions of "skin" and "coach," applicant's own specimen website pages (using “skin coach” generically in lowercase letters to identify the provider of the services, applicant’s principal “Malia,” as “your new skin coach & BFF”), and numerous third-party websites. After a detailed analysis of those websites, the Board concluded:

On balance, the third-party website evidence shows that the primary significance of the phrase “skin coach” is to refer to the sub-genuses of “professional coaching services in the field of health and wellness,” “on-line training in the form of courses, workshops, seminars, and private coaching in the field of health and wellness,” and “holistic health services” regarding skin care.

A number of LEXIS/NEXIS articles use "skin coach" and variants "generically to identified multiple instructors who provide services falling within" the sub-genuses listed above.

The Board found, from this evidence, that "the primary significance of THE SKIN COACH to the relevant consuming public is to refer to the sub-genuses of 'Professional coaching services in the field of health and wellness' and 'Providing on-line training in the form of courses, workshops, seminars, and private coaching in the field of health and wellness' in Class 41, and 'Holistic health services' in Class 44, regarding skin care."

And so, the Board affirmed the refusal.

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TTABlogger comment: I'm a bit confused. Is THE SKIN COACH a sub-genus of the sub-genuses? Anyway, the term seems merely descriptive to me. If you looked for a phone book listing of health or fitness providers, would you find a sub-heading, "skin coaches?" But then, a mere descriptiveness rejection that would still allow a Supplemental Registration. The Board didn't want that to happen.

Text Copyright John L. Welch 2026.