Precedential No. 14: TTAB Rules That A Phrase May Have Acquired Distinctiveness Even Though It Contains A Generic Term

The Board affirmed a refusal to register the mark shown below, for "retail furniture stores," absent a disclaimer of "FURNITURE WAREHOUSE." It also upheld the USPTO's determination that "AMERICAN FURNITURE WAREHOUSE" is primarily geographically descriptive under Section 2(e)(2) but ruled that the phrase has acquired distinctiveness by reason of applicant's registration for the standard character mark AMERICAN FURNITURE WAREHOUSE for the same services. In re American Furniture Warehouse CO, Serial No. 86407531 (April 23, 2018) [precedential] (Opinion by Judge Cynthia C. Lynch).

Geographical descriptiveness: The Board first considered whether AMERICAN FURNITURE WAREHOUSE is primarily geographically descriptive, applying its standard Section 2(e)(2) requirements: (1) that the primary significance of the term in the mark sought to be registered is the name of a place generally known to the public; and (2) that the public would make an association between the services