MarkIt to Market® - January 2021: Fading into the Background: Melissa & Doug's Red Oval Mark Unregistrable Without Evidence of Independent Use
By EsqSocial Corporation 01/02/21
In a recent non-precedential opinion, the TTAB affirmed a refusal to register Melissa & Doug, LLC’s red oval background mark (the “Proposed Mark”), finding that the acquired distinctiveness factors weighed against a finding of distinctiveness: Melissa & Doug is a beloved American brand of children’s toys, including wooden puzzles, arts and crafts products, and other educational toys, and the oval at issue has appeared on such products since 2003. The application at issue covered a long list of...
By: Sterne, Kessler, Goldstein & Fox P.L.L.C.