Precedential No. 36: TTAB Deems ALLERGY CARE Generic For ... Guess What?

Applicant Haden sought a registration  on the Supplemental Register for the mark shown below, for "Medical and health care services, namely, medical treatment of allergies, asthma, immune disorders, and shortness of breath." The Board agreed with Examining Attorney Andrew Rhim that the term ALLERGY CARE is generic for the recited services, but it concluded that the mark is registrable on the Supplemental Register with a disclaimer of ALLERGY CARE. In re James Haden, M.D., P.A., Serial No. 87169404 (December 4, 2019) [precedential] (Opinion by Judge Thomas Shaw).

Because Applicant Haden sought registration on the Supplemental Register, he conceded that the proposed mark, as a whole, is "at best merely descriptive" of his services. Quaker State Oil Refining Corp. v. Quaker Oil Corp., 453 F.2d 1296, 172 USPQ 361, 363 (CCPA 1972) The question was whether it is generic.