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ARTICLE · 11 AUGUST 2017

Precedential No. 21: TTAB Finds "COFFEE FLOUR" Generic For ...... Guess What?

Wolf Greenfield & Sacks
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Wolf Greenfield & Sacks

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Affirming a refusal to register COFFEE FLOUR on the Supplemental Register...

United StatesIntellectual Property

Affirming a refusal to register COFFEE FLOUR on the Supplemental Register, the Board found the term to be generic for "flour made by processing and blending together coffee cherry skins, pulp, and pectin for use, alone or in combination with other plant and milk based products, as a dry ingredient in food and beverage products for consumer use." After an exhaustive review of the evidence, the Board concluded that relevant consumers understand the term to refer to flour made from the skin, pulp, and pectin of the coffee cherry portion of the coffee plant. "Applicant itself has communicated this meaning of the term 'coffee flour' to the public, and the articles in the record, from which we can infer the public's understanding of the term, show that this message has been received and understood." In re Empire Tech. Dev. LLC, Serial No. 85876688 (August 4, 2017) [precedential] (Opinion by Judge Christoper Larkin).

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