One Legal Standard For Generic Analysis, Whether Trademark Is A Compound Term Or A Phrase

Princeton Vanguard, LLC, v. Frito-Lay North America, Inc., No. 2014-1517, 2015 U.S. App. LEXIS 8002 (Fed. Cir. May 15, 2015) (O'Malley, J.). Click Here for a copy of the opinion.

After successfully registered the trademark PRETZEL CRISPS for "pretzel crackers" on the Supplemental Register, Princeton Vanguard ("PV") applied for the Principal Register. Frito-Lay filed a notice of opposition to PV's application and a petition to cancel PV's Supplemental Registration. On summary judgment, the TTAB Board denied both parties' motions, "finding a genuine dispute as to whether the mark is generic for pretzel crackers and whether it had acquired distinctiveness." The parties then submitted trial briefs and the Board conducted oral argument.