Adding to a growing list of genericness rulings, the Board
affirmed a refusal to register ALGAE WAFERS for
"fish food," finding it to be generic for the goods. The
Board also affirmed an alternative refusal under Section 2(e)(1),
deeming Applicant Hikari's proof of acquired distinctiveness
under Section 2(f) to be inadequate in view of the highly
descriptive nature of the term. In re Hikari Sales USA, Inc., Serial
No. 86439012 (March 29, 2018) [precedential] (Opinion by Judge
Cheryl S. Goodman).
Genericness: The test for determining whether a
proposed mark is generic is its primary significance to the
relevant public. Magic Wand Inc. v. RDB Inc., 19 USPQ2d
1551, 1553-54 (Fed. Cir. 1991); H. Marvin Ginn Corp. v.
Int'l Ass'n of Fire Chiefs, Inc., 228 USPQ 528, 530
(Fed. Cir. 1986)).
