"DEHYDRATION RELIEF FAST" Incapable Of Functioning As A Trademark For Hydration Solution Products, Says TTAB

Finding Applicant Drip Drop's proposed mark DEHYDRATION RELIEF FAST for electrolyte powders and electrolyte replacement solutions, to be incapable of functioning as a trademark, the Board affirmed a refusal to register the phrase on the Supplemental Register. Dictionary evidence and third-party usage convinced the Board that the phrase "would be perceived as merely informing consumers about the fast-acting quality of the product, and not identifying its source of origin." In re Drip Drop Hydration Inc., Serial No. 88090507 (May 18, 2021) [not precedential] (Opinion by Judge David K. Heasley).

"Slogans and other terms that are considered to be merely informational in nature, or to be common laudatory phrases or statements that would ordinarily be used in business or in the particular trade or industry, are not registrable." In re Eagle Crest Inc., 96 USPQ2d at 1229 [ONCE A MARINE, ALWAYS A MARINE]. As Professor McCarthy has observed, "As a matter of competitive