On March 18, 2021, Nike filed a cancellation action at the Trademark and
Trial Appeal Board against Vans' recently granted registration on the Supplemental Register
for a checkerboard pattern that goes down the sleeve of shirts,
sweaters, jackets and coats. Nike argues that the registration
should be cancelled because a checkerboard pattern is merely
ornamental or decorative and is incapable of acting as a source
identifier, and that Nike, along with numerous other brands, uses
checkerboard patterns on apparel.
Vans' application for a checkerboard pattern on the
Principal Register was rejected by the examiner because the pattern
was “merely a decorative or ornamental feature of
applicant's clothing, and, thus, does not function as a
trademark to indicate the source of applicant's
clothing.” After unsuccessfully arguing otherwise, Vans
amended the application to the Supplemental Register. Unlike the
Principal Register, the Supplemental Register is for
