TTAB Upholds Refusal of LACONIA MOTORCYCLE WEEK for Clothing and Patches - Merely Ornamental and not a Source Indicator

The Board affirmed a refusal to register the mark LACONIA MOTORCYCLE WEEK for various clothing items and for cloth and fabric patches for clothing, finding that, as used on the specimens of use [shown below], the phrase would be perceived by consumers as merely ornamental and not as a source indicator. Applicant City of Laconia claimed acquired distinctiveness based on more than 100 years of use but it failed to provide any probative evidence in support of that claim. In re City of Laconia, New Hampshire, Serial No. 98201363 (May 28, 2026) [not precedential] (Opinion by Judge Thomas. W. Wellington).

The "critical question" for the Board was how consumers perceive the proposed mark as displayed on the specimens of use: will they perceive LACONIA MOTORCYCLE WEEK as source indicator or as merely ornamental wording on the shirt and patch? Examining Attorney Bianca Allen argued that:

the applicant’s submitted specimen shows the applied-for mark, “LACONIA MOTORCYCLE WEEK”, located directly on the upper-center area of the front of the shirt and the middle of the cloth patch, where ornamental elements often appear. … Furthermore, the design element that contains the mark is displayed in a relatively large size on the clothing such that it dominates the overall appearance of the goods. Lastly, the applied-for mark appears to be a design and slogan that is used in a merely decorative manner that would be perceived by consumers as having little or no particular source-identifying significance.

Applicant City of Laconia contended that its use of the phrase serves as an identifier of secondary source because "[t]he consuming public recognizes LACONIA MOTORCYCLE WEEK as the name of a specific, municipally controlled event" and that the City" exercises quality control" such that "[m]erchandise bearing the wording is widely understood to be officially licensed goods." That argument failed, however, because there was no evidence to support it. "[W]e are left only with the unverified statements of Applicant’s counsel, which are not evidence."

The Board agreed with the Examining Attorney: "the proposed mark appears among other wording and designs and, in this context, the overall commercial impression is that the proposed mark is merely part of a larger ornamental design containing information about a motorcycle rally, e.g., held in 'June 2023' in 'New Hampshire.' Put simply, the consumers will not pull out the proposed mark as a source identifier."

And so, the Board affirmed the refusal.

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TTABlogger comment: Well, what would you do next? File a new application? Seek review by way of civil action, which would allow the submission of the missing evidence, e.g., a declaration by somenone with knowledge of the facts?

Text Copyright John L. Welch 2026.